Whitney & Starrette Co. v. O'Rourke
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. James Goggin, Judge, presiding. This is an action in case, brought by the appellee against the appellant company to recover damages for a personal injury. The trial in the court below resulted in verdict and judgment for §5000.00 in favor of appellee.
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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. James Goggin, Judge, presiding. This is an action in case, brought by the appellee against the appellant company to recover damages for a personal injury. The trial in the court below resulted in verdict and judgment for §5000.00 in favor of appellee. The case w'as taken by appeal to the Appellate Court, where an order was entered affirming the judgment of the trial court for the sum of §3000.00, the plaintiff having remitted all over that amount. The…
1Opinion of the CourtJustice Magruder
First—It is claimed, as it is now quite common to claim in this class of cases, that the court below erred in refusing to instruct the jury to find the defendant not guilty. The contention of the appellant upon this branch of the case is, that appellee’s evidence shows no relation of master and servant between the appellant and himself, as charged in the declaration; that the appellant merely had a percentage contract for the construction of the building; that appellee was not in the employ of the appellant, but of the owner; that, therefore, the appellant did not owe appellee a master’s duty…
2Cases cited5 opinions
- Consolidated Coal Co. v. HaenniIllinois Supreme Court · 1893
- Illinois Steel Co. v. SchymanowskiIllinois Supreme Court · 1896
- Goldie v. WernerIllinois Supreme Court · 1894
- Wenona Coal Co. v. HolmquistIllinois Supreme Court · 1894
- Hale v. JohnsonIllinois Supreme Court · 1875
3Cited by27 opinions
- Linquist v. HodgesIllinois Supreme Court · 1911
- Standard Oil Co. of Louisiana v. FontenotSupreme Court of Louisiana · 1941
- West Chicago Street Railroad v. LieserowitzIllinois Supreme Court · 1902
- City of Mattoon v. FallerIllinois Supreme Court · 1905
- Bjorklund v. Seattle Electric Co.Washington Supreme Court · 1904
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