Chicago & Alton Railroad v. McDonald
Appellate Court of Illinois
Appeal from the City Court of East St. Louis; the Hon. William P. Launtz, Judge, presiding. Statement of the case by Wilkin, P. J. On the morning of May 13, 1886, appellee, who was employed by appellant, took passage with other laborers on a construction train of appellant, consisting of locomotive engine and caboose car, at Higbee, Missouri, a station on the line of appellant’s railroad.
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Appeal from the City Court of East St. Louis; the Hon. William P. Launtz, Judge, presiding. Statement of the case by Wilkin, P. J. On the morning of May 13, 1886, appellee, who was employed by appellant, took passage with other laborers on a construction train of appellant, consisting of locomotive engine and caboose car, at Higbee, Missouri, a station on the line of appellant’s railroad. This crew of laborers had over them a foreman named Cavenaugli, also employed by appellant. The train was in charge of a conductor, O. F. Culbertson, who controlled and directed its movements. On the morning…
1Opinion of the CourtWilkin, P. J.
There are two theories upon which appellee’s cause of action is based, and they are set forth in the first and second counts of his declaration. There is' no evidence tending to support the third. There is no controversy of fact on the first count as to the allegation of negligence. Appellant concedes that whatever injury resulted to appellee by reason of the alleged accident was occasioned by the negligence of the engineer and conductor, or one of them; but maintains that they were fellow-servants with him at the time of the injury, and that therefore, in the absence of allegation or proof…
2Cases cited4 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Clark v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1879
- Sheehan v. New York Central & Hudson River RailroadNew York Court of Appeals · 1883
- Toledo, Wabash & Western Railway Co. v. DurkinIllinois Supreme Court · 1875
3Cited by3 opinions
- Emery v. Illinois Central RailroadAppellate Court of Illinois · 1909
- Illinois Central Railroad v. MeyerAppellate Court of Illinois · 1896
- Mobile & Ohio Railroad v. MasseyAppellate Court of Illinois · 1894