Toledo, Wabash & Western Railway Co. v. Durkin
Illinois Supreme Court
Appeal from the Circuit Court of Madison county; the Hon. William H. Snyder, Judge, presiding. This was an action on the case, bv Marv Durkin, administratrix of the estate of Lawrence Durkin, deceased, against the Toledo, Wabash and Western Bail way Company, to recover compensation for wrongfully and negligently causing the death of said Lawrence Durkin. The deceased was engaged as an employee of the defendant at the time he was killed.
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Appeal from the Circuit Court of Madison county; the Hon. William H. Snyder, Judge, presiding. This was an action on the case, bv Marv Durkin, administratrix of the estate of Lawrence Durkin, deceased, against the Toledo, Wabash and Western Bail way Company, to recover compensation for wrongfully and negligently causing the death of said Lawrence Durkin. The deceased was engaged as an employee of the defendant at the time he was killed. He was returning to his home at the time on a platform car, with other hands, and the train, while backing, struck some cattle on the track near a road…
1Opinion of the CourtJustice Breese
delivered- the opinion of the Court:
This is an appeal from a judgment of the circuit court of Madison county, rendered on an agreed state of facts, presenting the single question, so often and so uniformly adjudicated by this court, and by other courts in England and in this country, arising out of the doctrine of respondeat superior.
So far back as the ease of Honner v. The Illinois Central Railroad Co. 15 Ill. 550, decided in 1854, this courtsaid this doctrine did not extend to the case of an injury received by one servant through the carelessness of another, when both are engaged in the…
2Cases cited6 opinions
- Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Ohio & Mississippi Railroad v. TindallIndiana Supreme Court · 1859
- Honner v. Illinois Central RailroadIllinois Supreme Court · 1854
- Belleville & Illinoistown Railroad v. GregoryIllinois Supreme Court · 1853
- Moss v. JohnsonIllinois Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Chicago & Northwestern Railroad v. MorandaIllinois Supreme Court · 1879
- Chicago, Indianapolis & Louisville Railway Co. v. WoodwardIndiana Supreme Court · 1904
- Wells v. O'HareIllinois Supreme Court · 1904
- Wilson v. MoldaAppellate Court of Illinois · 2009
- Chicago & Alton Railroad v. McDonaldAppellate Court of Illinois · 1887
3 more not listed; retrieve them via the Exa API.