St. Louis Bolt & Iron Co. v. Brennan
Appellate Court of Illinois
Appeal from the Circuit Court of St. Clair county; the Hon. Amos Watts, Judge, presiding. The appellee, with six other men, all in the employ of appellant, were sent by the foreman of the work to load a car standing upon the side track, with iron bars and plates. Two men were required upon the car to take the plates from the other workmen upon the ground, who handed them up, and properly place them for transportation.
Read the full summary
Appeal from the Circuit Court of St. Clair county; the Hon. Amos Watts, Judge, presiding. The appellee, with six other men, all in the employ of appellant, were sent by the foreman of the work to load a car standing upon the side track, with iron bars and plates. Two men were required upon the car to take the plates from the other workmen upon the ground, who handed them up, and properly place them for transportation. The appellee, and Peter Mulligan, another of the employes, got upon the car for this purpose, and they piled the bars upon the opposite side of the car from where they received…
1Opinion of the CourtPillsbuby, J.
The proof shows that the foreman directed the seven men to load the flat car with angle plates and put on a good load, some of the witnesses saying sixty thousand pounds. After giving this general direction he left the men and went to attend to some other duties. Brennan and Mulligan took their places upon the car to pile the plates because they thought it easier than to hand them up from the ground. There were no specific directions given by the foreman as to the manner they should pile the bars in order to get on the load recpiired. Brennan and Mulligan used their own discretion in piling…
2Cited by6 opinions
- Fritz v. Salt Lake & Ogden Gas & Electric Light Co.Utah Supreme Court · 1899
- Carrier v. Union Pacific Railway Co.Supreme Court of Kansas · 1900
- Kopf v. Monroe Stone Co.Michigan Supreme Court · 1903
- Koch v. Chicago & N. W. Ry. Co.Court of Appeals for the Seventh Circuit · 1953
- Star Elevator Co. v. CarlsonAppellate Court of Illinois · 1897
1 more not listed; retrieve them via the Exa API.