Peterson v. Chicago & Oak Park Elevated Railroad

Mr. Presiding Justice Gridley

delivered the opinion of the court.

It is first contended by counsel for appellant that the declaration failed to state a cause of action, in that (a) neither count alleged any fact which would raise the duty on the part of defendant not to drive and operate the car toward plaintiff, and (b) neither count alleged that the moving of the car was by reason of the negligence of a servant who was not a fellow-servant of plaintiff, and (c) the second count is defective in that it fails to allege any causal connection between the negligence averred and the injury. Without…