Gallivan v. McCarthy

In this case the plaintiff in error sued the defendants in error in the Superior Court for personal injuries received on April 11, 1902, while he was engaged in their service (under employment by one Donahue, who had contracted with defendants for the use of his team), in hauling dirt from a tunnel excavation on Thirty-ninth street in Chicago, and dumping it on a vacant lot at Thirty-sixth and Butler streets.

The suit was begun on October 16, 1902, and came to trial in January, 1905, before a jury. The issues formed by the declaration and the pleas of not guilty filed by the defendants were…