Libby, McNeill & Libby v. Scherman
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Fbancis Adams, Judge, presiding. This was an action on the case, brought by Michael Scherman against Libby, McNeill & Libby, a corporation, to recover damages for a personal injury. The declaration originally consisted of two counts, but the first count was dismissed, and the trial was had upon the second count alone.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Fbancis Adams, Judge, presiding. This was an action on the case, brought by Michael Scherman against Libby, McNeill & Libby, a corporation, to recover damages for a personal injury. The declaration originally consisted of two counts, but the first count was dismissed, and the trial was had upon the second count alone. That count alleges that, at the time of the injury complained of, the defendant was possessed of and operating a packing house; that the…
1Opinion of the CourtChief Justice Bailey
The first proposition submitted by counsel for the defendant is, that the declaration does not state a cause of action, and that its motion in arrest of judgment should have been sustained on that ground. The contention is, that the defendant, being a corporation, could act only by its agents and servants, and that as the maxim respondeat superior has no application to injuries resulting from the negligent acts of the fellow servants of the plaintiff, the declaration must show affirmatively, by express averments, that the injury complained of was caused by the negligent acts of agents or…
2Cited by89 opinions
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- Illinois Steel Co. v. SchymanowskiIllinois Supreme Court · 1896
- City of Chicago v. SebenIllinois Supreme Court · 1897
- Chicago & Alton Railroad v. ClausenIllinois Supreme Court · 1898
- Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1896
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