St. Louis, Alton & Terre Haute Railroad v. Holman
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Perry county; the Hon. Benjamin R. Burroughs, Judge, presiding. At Pinckneyville, Illinois, the appellee was in the employ of appellant as a car repairer, and on January 28, 1892, was employed in repairing a car on defendant’s track known as the repair track. The repair track was parallel with a track known as No. 4,—the switch track.
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Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Perry county; the Hon. Benjamin R. Burroughs, Judge, presiding. At Pinckneyville, Illinois, the appellee was in the employ of appellant as a car repairer, and on January 28, 1892, was employed in repairing a car on defendant’s track known as the repair track. The repair track was parallel with a track known as No. 4,—the switch track. The west end of the repair track approached and connected with the switch track, and a number of cars were placed on the repair track, the west car…
1Opinion of the CourtJustice Phillips
This appeal, with the assignments or error, brings to the court for decision the question as to the correctness of the instructions given for appellee, and whether that asked by appellant was properly refused.
The appellant asked the court to instruct the jury to find for the defendant, which instruction was refused, and the defendant excepted thereto. One of the common law duties of the master to his servant which are nonassignable is, that he must use reasonable care to see that the place where his servant works is reasonably safe, taking into consideration the ordinary hazards of the…
2Cases cited3 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Libby, McNeill & Libby v. SchermanIllinois Supreme Court · 1893
- Chicago, Burlington & Quincy Railroad v. DicksonIllinois Supreme Court · 1872
3Cited by4 opinions
- Eimers v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Appellate Court of Illinois · 1910
- Pressed Steel Car Co. v. HerathAppellate Court of Illinois · 1903
- Hoy v. Terminal RailroadAppellate Court of Illinois · 1896
- Chicago, Milwaukee & St. Paul Railway Co. v. GillAppellate Court of Illinois · 1907