Western Stone Co. v. Whalen
Illinois Supreme Court
Appeal from the Appellate Court for the First District; —heard in that court on appeal from the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. This was an action for personal injuries sustained by appellee, resulting in the loss and amputation of his leg below the knee.
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Appeal from the Appellate Court for the First District; —heard in that court on appeal from the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. This was an action for personal injuries sustained by appellee, resulting in the loss and amputation of his leg below the knee. Appellant owned a steam propeller used in towing its canal boats and barges through the waters of the Illinois and Michigan canal and Chicago river, which was under the control and management of Captain Cooley. Appellee was in charge of the “Bescue,” one of the many barges owned and operated by…
1Opinion of the CourtJustice Shope
As we understand this record, the right of recovery by plaintiff, under the first and third counts of his declaration, is eliminated by the finding of the jury that Cooley, captain of the steam propeller, and the plaintiff were fellow-servants in the same line of employment. And this, as we understand, is conceded by counsel on both sides. And it seems clear thatthe recovery was predicated, and by the court permitted to stand upon the second count of the declaration, which alleged, among other things, that it was the duty of the defendant to employ a prudent and competent captain for said…
2Cases cited11 opinions
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Davis v. Detroit & Milwaukee Rail RoadMichigan Supreme Court · 1870
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
- Columbus, Chicago & Indiana Central Railway Co. v. TroeschIllinois Supreme Court · 1873
- Lake Shore & Michigan Southern Railway Co. v. StupakIndiana Supreme Court · 1890
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- Bowman v. American River Transportation Co.Illinois Supreme Court · 2005
- Green v. Western American Co.Washington Supreme Court · 1902
- Bates v. DoriaAppellate Court of Illinois · 1986
- Easley v. Apollo Detective Agency, Inc.Appellate Court of Illinois · 1979
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