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Legal Opinion

Illinois Steel Co. v. Coffey

Appellate Court of Illinois

Decided April 28, 1903Published

Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge presiding. Heard in the Branch Appellate Court at the March term, 1902.

1Opinion of the CourtJustice Burke

Appellant insists that the first count of the declaration states no cause of action, because it fails to state that the plaintiff, and the servant of the defendant, whose negligence it is claimed caused the injury to the plaintiff, were not fellow-servants, or fails to state any facts tending to show that they were not fellow-servants. The negligence is charged in these words:

“But the defendant, by and through its agents and servants, so carelessly, negligently and improperly tamped, filled and stopped said neck or tapping hole of said furnace number 5 aforesaid, that the said molten metal…

2Cases cited9 opinions

  1. Consolidated Coal Co. v. HaenniIllinois Supreme Court · 1893
  2. Libby, McNeill & Libby v. SchermanIllinois Supreme Court · 1893
  3. Taylor v. FelsingIllinois Supreme Court · 1896
  4. Joliet Steel Co. v. ShieldsIllinois Supreme Court · 1890
  5. Chicago & Alton Railroad v. Margaret HouseIllinois Supreme Court · 1898

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