Chicago & Alton Railroad v. Wagner
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS. The facts, which involve the construction and application of § 5 of the Employers’ Liability Act of 1908, and the validity of a judgment for damages for injuries of a railroad employé, are stated in the opinion. Section 5 of the Employers’ Liability Act is inapplicable in this case because plaintiff was not an employé of defendant.
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ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS. The facts, which involve the construction and application of § 5 of the Employers’ Liability Act of 1908, and the validity of a judgment for damages for injuries of a railroad employé, are stated in the opinion. Section 5 of the Employers’ Liability Act is inapplicable in this case because plaintiff was not an employé of defendant. Nor does that section invalidate a release, resultant to a joint tort feasor from the acceptance of relief benefits under a relief contract. Robinson v. Balt. & Ohio R. R., 237 U. S. 84; Mo., Kan. & Tex. Ry. v.…
1Opinion of the CourtJustice Hughes
Joseph M. Wagner brought this action in the Superior Court of Cook County, Illinois, against the Chicago & Alton Railroad Company to recover damages for injuries alleged to have been sustained through its negligence. At the time of the accident, he was employed by the Chicago, Burlington & Quincy Railroad Company as a conductor in charge of a switching crew and was engaged in moving cars over a track of the Chicago & Alton Railroad Company in Chicago, — the track being used by the Burlington company under an arrangement with the Alton company. He was injured by striking a semaphore post…
2Cases cited4 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
- Philadelphia, Baltimore & Washington Railroad v. SchubertSupreme Court of the United States · 1912
- Robinson v. Baltimore & Ohio RailroadSupreme Court of the United States · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. McWhirterSupreme Court of the United States · 1913
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- Serr v. Biwabik Concrete Aggregate Co.Supreme Court of Minnesota · 1938
- Lindsay v. Acme Cement Plaster Co.Michigan Supreme Court · 1922
- Downer v. Southern Union Gas Co.New Mexico Supreme Court · 1949
- Bangor & Aroostook R. v. JonesCourt of Appeals for the First Circuit · 1929
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