Chicago & Eastern Illinois Railroad v. Kneirim
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Vermilion county; the Hon.Francis M. Wright, Judge, presiding. On April 1, 1890, George H. Kneirim, appellee’s intestate, was killed by being run over by a car of appellant in the yards at Danville Junction. He was a yard switch-man, employed by appellant to assist in switching cars in the yard.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Vermilion county; the Hon.Francis M. Wright, Judge, presiding. On April 1, 1890, George H. Kneirim, appellee’s intestate, was killed by being run over by a car of appellant in the yards at Danville Junction. He was a yard switch-man, employed by appellant to assist in switching cars in the yard. His duties were to couple and uncouple cars, and also to manage the brakes upon the cars which were being switched. About eight o’clock in the night in question he was engaged, with other…
1Opinion of the CourtJustice Phillips
The questions arising on this record are on the motion of appellee to exclude the evidence and instruct the jury to find for the defendant, on instructions given for appellee, and thé modification of instructions asked by appellant.
It is the duty of the company to exercise reasonable and ordinary care and diligence in providing and keeping in repair reasonably safe machinery and appliances for the use of its servants; and this is a continuing duty, requiring the company to exercise reasonable diligence and care in supervision and inspection. The delegation of that duty to an employee does not…
2Cases cited4 opinions
- Chicago & Northwestern Railroad v. MorandaIllinois Supreme Court · 1879
- Chicago & Northwestern Railway Co. v. JacksonIllinois Supreme Court · 1870
- Chicago, Burlington & Quincy Railroad v. AveryIllinois Supreme Court · 1884
- Chicago & Alton Railroad v. BragonierIllinois Supreme Court · 1886
3Cited by37 opinions
- Chicago & Alton Railroad v. SwanIllinois Supreme Court · 1898
- City of Emporia v. KowalskiSupreme Court of Kansas · 1903
- Himrod Coal Co. v. ClarkIllinois Supreme Court · 1902
- Schillinger Bros. v. SmithIllinois Supreme Court · 1906
- Brayman v. Russell & Pugh Lumber Co.Idaho Supreme Court · 1917
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