Legal Opinion

E. Schneider & Co. v. Carlin

Appellate Court of Illinois

Decided May 16, 1905No. Gen. No. 11,705Published

Action on the case for death caused by alleged wrongful act. Appeal from the Superior Court of Cook County; the Hon. Marcus Kavanagh, Judge, presiding.

1Opinion of the CourtJustice Freeman

It is urged in behalf of appellant that there is no evidence that the place to work furnished.the deceased was unsafe; that when it became temporarily unsafe, it was owing to the negligence of a fellow-servant; and that appellant is not chargeable with negligence, resulting in the accident. We do not regard the facts as sustaining the contention that the deceased and the employee whose act caused the explosion were fellow-servants. They were not at the time of the accident, nor had they been at any time, so far as appears, co-operating with each other in the work which either of them was…

2Cases cited8 opinions

  1. Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
  2. Chicago & Northwestern Railway Co. v. MorandaIllinois Supreme Court · 1884
  3. United States Rolling Stock Co. v. WilderIllinois Supreme Court · 1886
  4. Chicago Hair & Bristle Co. v. MuellerIllinois Supreme Court · 1908
  5. D. Sinclair Co. v. WaddillIllinois Supreme Court · 1902

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