Chicago City Ry. Co. v. Leach
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge presiding. Heard in this court at the October term, 1901.
1Opinion of the Court
Mr. Presiding Justice Ball
delivered the opinion of the court.
It is said that even if the negligence of Golden caused the collision, appellant is not liable, because Golden and appellee were fellow-servants. Such is the law in this state. If, however, Golden was not the fellow-servant of appellee, and the latter, while in the exercise of due care, was injured by the negligence of the former, then the common master is liable. Libby v. Scherman, 146 Ill. 552. It is evident the jury found that appellee and Golden were not fellow-servants. To create the relation of fellow-servants it is essential…
2Cases cited10 opinions
- Chicago & Northwestern Railroad v. MorandaIllinois Supreme Court · 1879
- North Chicago Rolling Mill Co. v. JohnsonIllinois Supreme Court · 1885
- Chicago & Alton Railroad v. Margaret HouseIllinois Supreme Court · 1898
- Chicago & Northwestern Railway Co. v. MorandaIllinois Supreme Court · 1884
- Indianapolis & St. Louis Railroad v. MorgensternIllinois Supreme Court · 1883
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3Cited by1 opinion
- Wabash Railroad v. BhymerAppellate Court of Illinois · 1904