Malone v. Western Transp. Co.
U.S. Circuit Court for the Northern District of Illnois
This was an action on the case to recover damages for injuries received by plaintiff [Thomas Malone] in falling through a hatchway while in the employ of defendant.
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This was an action on the case to recover damages for injuries received by plaintiff [Thomas Malone] in falling through a hatchway while in the employ of defendant. The declaration alleges that defendant was on the 14th of August, 1870, owner of the propeller Chicago, then lying in Chicago river, in this city; that plaintiff was employed as a laborer on board of said propeller to assist in the discharge of a cargo; that it became and was the duty of the master and mates of said vessel to use due care and diligence for the protection of plaintiff from accident or injury, while so employed;…
1Opinion of the Court
BLODGETT, District Judge.
The only question is whether there is a sufficient cause of action set out in the declaration. Defendant, being a corporation, can only act through agents, and as there is no allegation that the boat was improperly constructed and so made dangerous to plaintiff, or that the accident in question happened by reason of such defective construction while plaintiff was exercising due care, I cannot see that the allegations of negligence by defendant directly are of any weight, and the case must be considered as standing solely on the allegations as to the negligence of the…
2Cases cited13 opinions
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Chicago & North Western Railroad v. SwettIllinois Supreme Court · 1867
- Chicago & Northwestern Railway Co. v. JacksonIllinois Supreme Court · 1870
- Chicago & Alton Railroad v. MurphyIllinois Supreme Court · 1870
- Illinois Central Railroad v. JewellIllinois Supreme Court · 1867
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lake Shore & Michigan Southern R. W. Co. v. McCormickIndiana Supreme Court · 1880
- Benson v. GoodwinMassachusetts Supreme Judicial Court · 1888
- Roberts v. The Egyptian MonarchDistrict Court, D. New Jersey · 1888
- Couillard v. Steamship VictoriaDistrict Court, D. Massachusetts · 1880