Wink v. Weiler
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. George Driggs, Judge, presiding. This was an action of trespass on the case, in which the plaintiff, among other things, alleged that being in the employment of the defendant, he was ordered by him to go upon a wagon to put up certain goods, being delivered by the defendant to his customers, namely, certain stoves which the defendant had sold, and that it was the duty of the defendant to furnish for the use of the…
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Appeal from the Circuit Court of Cook County; the Hon. George Driggs, Judge, presiding. This was an action of trespass on the case, in which the plaintiff, among other things, alleged that being in the employment of the defendant, he was ordered by him to go upon a wagon to put up certain goods, being delivered by the defendant to his customers, namely, certain stoves which the defendant had sold, and that it was the duty of the defendant to furnish for the use of the plaintiff in said service, a safe and sufficient wagon; that the wagon furnished by the defendant was broken and dangerous on…
1Opinion of the CourtWaterman, J.
The plaintiff, when injured, was not in the employment of the defendant. His day’s work had ceased, his time was his own, and he was going home. It might, perhaps, be contended that the defendant having sent the plaintiff out to work, was under an obligation to bring him back to the store from which he went, but he was under no 0 3 obligation to take him to his home, especially to send his wagon out of its way in order to carry the plaintiff to his home, or nearer thereto than he would have come in going directly to the store. Plaintiff rode to the place at which he was injured, and got off…
2Cases cited4 opinions
- Robinson v. . the Bank of AtticaNew York Court of Appeals · 1860
- Packet Company v. McCueSupreme Court of the United States · 1873
- Bills v. MasonSupreme Court of Iowa · 1876
- Sinclair v. BerndtIllinois Supreme Court · 1877
3Cited by3 opinions
- Louisville & Nashville Railroad v. WadeSupreme Court of Florida · 1903
- Gooch v. Citizens Electric Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Bryant v. Moss Packing Co.Supreme Court of Florida · 1935