Chicago, Rock Island & Pacific Railway Co. v. Benson

Leo Benson, an employee of the Chicago, Rock Island and Pacific Railway Company as a switchman for a period of nine or ten years, was on August 17, 1929, injured by a train of the railway company. He brought suit in the circuit court of Peoria county based on his injuries and recovered a judgment of $32,500, which was affirmed, on appeal, by the Appellate Court for the Second District. The case is here on certiorari.

The declaration consists of two counts, each of which charges that on August 17, 1929, Benson and the railway company were employee and employer, respectively, and engaged in…