Gartland v. Toledo, Wabash & Western Railway Co.
Illinois Supreme Court
Appeal from the Circuit Court of Adams county; the Hon. Joseph Sibley, Judge, presiding. This was an action on the case, by John M. Gartland, by his next friend, William Real, against the Toledo, Wabash and Western Railway Company, to recover for a personal injury.
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Appeal from the Circuit Court of Adams county; the Hon. Joseph Sibley, Judge, presiding. This was an action on the case, by John M. Gartland, by his next friend, William Real, against the Toledo, Wabash and Western Railway Company, to recover for a personal injury. The declaration alleged that the plaintiff, a minor under the age of twenty-one years, was engaged in the employment of the defendant as a servant in operating its railroad; that he, with divers other employees of the defendant, was, on, etc., engaged in using and operating upon the track of the defendant nine large and heavy…
1Opinion of the CourtJustice Breese
Appellant concedes the settled law of this court to be, that an employer is not liable for injuries resulting from the negligence of co-employees in the same line of duty, but insists it should not be extended to cases where the doubtful reasons of the rule alleged in its support can not justly apply, and that it ought not to apply to minors.
(_it is not denied that an express contract made with a minor is valid at his option. It is not void, but voidable only. The express contract by the minoi, in this case, was to serve his employer on a railroad; So ! ong as he did not avoid that contract,…
2Cited by12 opinions
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