Swisher v. Illinois Central Railroad
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Lee county; the Hon. John C. Carver, Judge, presiding. This is an action by appellant, against appellee, to recover damages for personal injury.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Lee county; the Hon. John C. Carver, Judge, presiding. This is an action by appellant, against appellee, to recover damages for personal injury. The original declaration was amended, andas amended contained two counts, which, in effect, aver the plaintiff, while in the service of the defendant, was a locomotive fireman, and while he and his engineer were in the exercise of reasonable care and caution he was injured at the station of Sublette on the third day of May, 1892, by a…
1Opinion of the CourtJustice Phillips
By the final order of the Appellate Court for the Second District the ultimate facts found were that the injury was the result of the risks incident to plaintiff’s employment; that the accident occurred in the day time, when lamps were not required on the switch of defendant, and that the injury was occasioned by the negligence of a fellow-servant of plaintiff directly co-operating with him and in the same line of employment. These finding's are all as to ultimate facts and not as to evidentiary facts, and hence are conclusive on this court. (Caywood v. Farrell, 175 Ill. 480, and authorities…
2Cases cited1 opinion
- Caywood v. FarrellIllinois Supreme Court · 1898
3Cited by2 opinions
- Glidden Rural Electric Co-Operative v. Iowa Employment Security CommissionSupreme Court of Iowa · 1945
- Cleveland, C., C. & St. L. Ry. Co. v. LawlerAppellate Court of Illinois · 1901