Hartley v. Chicago & Alton Railroad
Illinois Supreme Court
Writ of Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Marcus Kavanagh, Judge, presiding. Plaintiff in error prosecutes this writ of error to reverse a judgment of the Appellate Court affirming a judgment against him for costs in the superior court of Cook county in an action on the case for personal injuries.
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Writ of Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Marcus Kavanagh, Judge, presiding. Plaintiff in error prosecutes this writ of error to reverse a judgment of the Appellate Court affirming a judgment against him for costs in the superior court of Cook county in an action on the case for personal injuries. His declaration consists of but one count, in which he alleges that while he was in the employ of the defendant in error as a switchman in its yards at Brighton Park, being in the exercise of due…
1Opinion of the CourtJustice Wilkin
The defendant in error urges these three propositions: First, that the plaintiff assumed the risk; second, if injured by the negligence of an employee of the defendant, he and that employee were fellow-servants; and third, the cause of action had been fully adjusted and released to the defendant.
That the plaintiff assumed the risk of the act of other servants of the defendant which caused his injury was a matter of defense. We do not understand counsel to deny that the act of pushing the cars against those which the plaintiff was attempting to couple, without any signal or notice to him, was…
2Cases cited4 opinions
- Chicago & Eastern Illinois Railroad v. DriscollIllinois Supreme Court · 1898
- Chicago & Alton Railroad v. Margaret HouseIllinois Supreme Court · 1898
- Indianapolis & St. Louis Railroad v. MorgensternIllinois Supreme Court · 1883
- Chicago & Alton Railroad v. O'BrienIllinois Supreme Court · 1895
3Cited by31 opinions
- Missouri Malleable Iron Co. v. DillonIllinois Supreme Court · 1903
- Chicago City Railway Co. v. LeachIllinois Supreme Court · 1904
- Lyons v. Joseph T. Ryerson & SonIllinois Supreme Court · 1909
- Crane Co. v. HoganIllinois Supreme Court · 1907
- Hartley v. Chicago & Alton RailroadIllinois Supreme Court · 1905
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