Legal Opinion

Mobile & Ohio Railroad v. Massey

Appellate Court of Illinois

Decided March 23, 1894Published

Memorandum. —Action for damages. Death from negligent act. Appeal from the Circuit Court of Jackson County; the Hon. Joseph P. Robarts, Judge, presiding. Declaration in case, plea not guilty; trial by jury; verdict for $3,500 and judgment for plaintiff; defendant appeals, etc.

1Opinion of the CourtJustice Sample

There are three cases pending in this court, wherein judgment was rendered against appellant, on substantially the same state of facts, about which there was no dispute. They raise the legal question of the proper application of the doctrine of fellow-servants. If that doctrine applies to the facts, the defense is full and complete; if not, there is, no defense on the merits. The facts show that Bathwell, the conductor, had entire charge of the movements of the construction train, and also of the workmen, whom he hired and discharged at pleasure. His relation, there-6 fore, to that crew of…

2Cases cited4 opinions

  1. Abend v. Terre Haute & Indianapolis RailroadIllinois Supreme Court · 1884
  2. Chicago, Burlington & Quincy Railroad v. McLallenIllinois Supreme Court · 1876
  3. Chicago & Alton Railroad v. McDonaldAppellate Court of Illinois · 1887
  4. Chicago, Burlington & Quincy Railroad v. BlankAppellate Court of Illinois · 1887

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