Legal Opinion

Kolb v. Carrington

Appellate Court of Illinois

Decided March 24, 1898PublishedCited by 1 opinion

Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding.

1Opinion of the CourtJustice Windes

Appellant was injured while m the employ of appellees, by being crushed between two box cars, on August 28,1894, and brought suit to recover damages. On a trial before the court and a jurir, at the close of plaintiff’s evidence, the court instructed a verdict for defendants, and rendered judgment thereon, from which plaintiff appeals.

The questions presented are, first, was appellant, as a matter of law under the evidence, a fellow-servant of the persons causing the injury, and thus debarred from recovering; and second, was appellant guilty of contributory negligence, as a matter of law ?

The…

2Cases cited6 opinions

  1. Chicago & Alton Railroad v. MayIllinois Supreme Court · 1883
  2. Consolidated Coal Co. v. ScheiberIllinois Supreme Court · 1897
  3. North Chicago Rolling Mill Co. v. JohnsonIllinois Supreme Court · 1885
  4. Wenona Coal Co. v. HolmquistIllinois Supreme Court · 1894
  5. Chicago & Alton Railroad v. O'BrienIllinois Supreme Court · 1895

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3Cited by1 opinion

  1. Lohman v. Swift & Co.Supreme Court of Minnesota · 1908

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