Gathman v. City of Chicago
Illinois Supreme Court
Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Paul McWilliams, Judge, presiding.
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Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Paul McWilliams, Judge, presiding. This was an action on the case commenced by Ludwig A. D. Gathman against the city of Chicago and James O’Connor, in the circuit court of Cook county, to recover damages for a personal injury alleged to have been sustained by him while in the employ of the city of Chicago, through the negligence o.f the defendants. The plaintiff dismissed the case as to O’Connor, and thereafter there was a trial upon a declaration containing…
1Opinion of the CourtJustice Hand
It is first contended that there was a fatal variance between the declaration and the proof in this: that the declaration charged that O’Connor was the employee of the city responsible for the accident which caused the injury of appellee, while the evidence showed that O’Connor was not present at the time of the accident, but that the actual work in raising .the bridge at the time appellee was injured was performed by James O’Brien and James McDonald, who were in the employ of O’Connor and not in the employ of the city. There are two satisfactory answers to this position of the city: First,…
2Cases cited5 opinions
- North Chicago Rolling Mill Co. v. JohnsonIllinois Supreme Court · 1885
- Duffy v. KivilinIllinois Supreme Court · 1902
- Illinois Third Vein Coal Co. v. CioniIllinois Supreme Court · 1905
- Chicago & Alton Railroad v. HoytIllinois Supreme Court · 1887
- Chicago & Eastern Illinois Railroad v. WhiteIllinois Supreme Court · 1904
3Cited by20 opinions
- Johnston v. City of ChicagoIllinois Supreme Court · 1913
- Roumbos v. City of ChicagoIllinois Supreme Court · 1928
- Lyons v. Joseph T. Ryerson & SonIllinois Supreme Court · 1909
- Southern Ry. Co. v. TaylorCourt of Appeals for the D.C. Circuit · 1926
- Trawick v. ChamblissCourt of Appeals of Georgia · 1930
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