Legal Opinion

Condon v. Schoenfeld

Illinois Supreme Court

Decided February 21, 1905PublishedCited by 39 opinions

Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding. This was an action on the case, brought in the superior court of Cook county by Charles Schoenfeld, the appellee, against John Condon and Lewis S. Long, to recover damages for a personal injury received by the appellee on July 20, 1899, while working at the Harlem race track in the county of Cook.

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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding. This was an action on the case, brought in the superior court of Cook county by Charles Schoenfeld, the appellee, against John Condon and Lewis S. Long, to recover damages for a personal injury received by the appellee on July 20, 1899, while working at the Harlem race track in the county of Cook. The declaration in the cause consisted of three counts. Each count alleged, in substance, that the plaintiff was employed by…

1Opinion of the CourtJustice Scott

The defendants, Condon and Long, interposed separate defenses. At the conclusion of the evidence for the plaintiff, Condon moved the court to direct a verdict in his favor. This motion was denied. Its denial is assigned as error, and in support of that assignment it is urged that the evidence does not tend to establish the existence of the relation of master and servant between appellant and appellee. Each count of the declaration charges that appellee, at the time of the accident was in the employ of Condon and Long, who were sued jointly. Appellee offered no evidence except his own…

2Cases cited5 opinions

  1. Globe Accident Insurance v. GerischIllinois Supreme Court · 1896
  2. Pittsburgh, Fort Wayne & Chicago Railway Co. v. CallaghanIllinois Supreme Court · 1895
  3. Wisconsin Central Railroad v. WieczorekIllinois Supreme Court · 1894
  4. Pittsburgh, Ft. W. & C. Ry. Co. v. CallaghanAppellate Court of Illinois · 1894
  5. Morris v. Indianapolis & St. Louis RailroadAppellate Court of Illinois · 1882

3Cited by39 opinions

  1. Ohio Building Safety Vault Co. v. Industrial BoardIllinois Supreme Court · 1917
  2. McInturff v. Chicago Title & Trust Co.Appellate Court of Illinois · 1968
  3. Postal Telegraph-Cable Co. v. LikesIllinois Supreme Court · 1907
  4. Schwedler v. GalvanAppellate Court of Illinois · 1977
  5. Middletown Trust Co. v. BregmanSupreme Court of Connecticut · 1934

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