East St. Louis Connecting Railway Co. v. Meeker
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District ;—heard in that court on writ of error to the City Court of East St. Louis; the Hon. W. J. N. Moyers, Judge, presiding.
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Appeal from the Appellate Court for the Fourth District ;—heard in that court on writ of error to the City Court of East St. Louis; the Hon. W. J. N. Moyers, Judge, presiding. This is an action on the case commenced in the city court of East St. Louis by the appellee, against the appellant, to recover damages for a personal injury alleged to have been sustained by him while in the employ of the appellant as a member of a switching crew in its yards at East St. Louis, through the negligence of the foreman of the switching crew of which he was a member, in consequence o f which he was thrown…
1Opinion of the Court
Mr. Cheer Justice Hand
delivered the opinion of the court:
It is first contended that neither of the counts of the declaration upon which the case was submitted to the jury is sufficient to sustain a judgment in favor of the appellee, as it is said no facts are stated in either of said counts from the existence of which the law will imply a duty on the part of appellant to protect the appellee from the injury of which he complains. In McAndrews v. Chicago, Lake Shore and Eastern Railway Co. 222 Ill. 232, it was said, in- an action on the case to recover for a personal injury three facts must be…
2Cases cited4 opinions
- Chicago & Alton Railroad v. MayIllinois Supreme Court · 1883
- McAndrews v. Chicago, Lake Shore & Eastern Railway Co.Illinois Supreme Court · 1906
- Chicago & Eastern Illinois Railroad v. DriscollIllinois Supreme Court · 1903
- Chicago, Rock Island & Pacific Railway Co. v. StrongIllinois Supreme Court · 1907