Mobile & Ohio Railroad v. Massey
Illinois Supreme Court
Appeal from .the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Jackson county; the Hon. J. P. Robarts, Judge, presiding. This was an action on the case, brought by Fannie Massey, administratrix of the estate of John T. Massey, deceased, against the Mobile and Ohio Railroad Company, to recover damages for the death of the plaintiff’s intestate, caused, as is claimed, by the negligence of the defendant’s servants.
Read the full summary
Appeal from .the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Jackson county; the Hon. J. P. Robarts, Judge, presiding. This was an action on the case, brought by Fannie Massey, administratrix of the estate of John T. Massey, deceased, against the Mobile and Ohio Railroad Company, to recover damages for the death of the plaintiff’s intestate, caused, as is claimed, by the negligence of the defendant’s servants. The cause was tried on the defendant’s plea of not guilty, and at such trial the jury found the defendant guilty, and assessed the…
1Opinion of the CourtJustice Bailey
He was also negligent in ordering his men to board the train and causing the train to be started northward with them on board, when he ought to have known, and if .he had read the order in his possession "would have known, that a collision with the south bound train would almost unavoidably result.
The defense mainly relied uqon at the trial was that Rathwell and the plaintiff’s intestate were fellow-servants of the defendant, and that, for an injury resulting from Rathwell’s negligence, therefore, the maxim respond-eat superior can not be invoked. The court in a series of instructions, of…
2Cases cited3 opinions
- Abend v. Terre Haute & Indianapolis RailroadIllinois Supreme Court · 1884
- Chicago & Northwestern Railway Co. v. MorandaIllinois Supreme Court · 1884
- Indianapolis & St. Louis Railroad v. MorgensternIllinois Supreme Court · 1883
3Cited by16 opinions
- Consolidated Coal Co. v. ScheiberIllinois Supreme Court · 1897
- Chicago & Alton Railroad v. SwanIllinois Supreme Court · 1898
- Chicago & Western Indiana Railroad v. FlynnIllinois Supreme Court · 1895
- Chicago & Eastern Illinois Railroad v. DriscollIllinois Supreme Court · 1903
- Chicago & Alton Railroad v. SwanAppellate Court of Illinois · 1897
11 more not listed; retrieve them via the Exa API.