Walsh v. City of Chicago
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Error to the Circuit Court of Cook County; the Hon. John C. Carver, Judge, presiding. Heard in this court at the October term, 1900. This suit was brought by plaintiff in error to recover for personal injuries sustained, as it is alleged, through negligence of defendant in error. Plaintiff in error was employed by defendant in error to work upon its streets.
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Trespass on the Case, for personal injuries. Error to the Circuit Court of Cook County; the Hon. John C. Carver, Judge, presiding. Heard in this court at the October term, 1900. This suit was brought by plaintiff in error to recover for personal injuries sustained, as it is alleged, through negligence of defendant in error. Plaintiff in error was employed by defendant in error to work upon its streets. At the time in question he was engaged, under direction of a foreman, in cleaning a street which had been flooded with water. The water and dirt of the street made a mud, which plaintiff in…
1Opinion of the Court
Hr. Justice Sears
delivered the opinion of the court.
Ho question is raised upon this appeal as to a liability of defendant in error for negligence of a vice-principal, who is foreman over a gang of common laborers, in the directing of such laborers in their service. It is not argued that such a liability could not arise, but merely that it did not arise because the foreman was at the time acting as a fellow-servant of plaintiff in error, and not as a foreman over him, and upon the further ground that plaintiff in error had assumed the hazard.
Upon this contention it is enough to say that the…
2Cases cited2 opinions
- Iroquois Furnace Co. v. McCreaAppellate Court of Illinois · 1900
- Chicago General Ry. Co. v. McNamaraAppellate Court of Illinois · 1901