Taylor v. Lumaghi Coal Co.

This is án action for damages for personal injuries. Plaintiff had verdict and judgment for $15,000.00. Defendant has appealed.

Defendant contends that the court should have directed a verdict for it on the ground that the Illinois Workmen’s Act applied to plaintiff’s injury. It is conceded that, if this were true, plaintiff’s only right would be to make claim under that act against his employer, the Pennsylvania Railroad; and that any action against a third party for his injury would be solely in his employer. (Ill. Rev. Stat. 1941, Chapter 48, Secs. 139, 143, 166.) Plaintiff claims that his…