Toledo, St. Louis & Kansas City Railroad v. Conroy
Appellate Court of Illinois
Appeal from the City Coui’t of East St. Louis, Illinois; the lion. B. H. Caney, Judge, presiding. On the 6th day of January, 1889, appellee was woi'king upon the road bed of appellant in and near the City of East St. Louis.
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Appeal from the City Coui’t of East St. Louis, Illinois; the lion. B. H. Caney, Judge, presiding. On the 6th day of January, 1889, appellee was woi'king upon the road bed of appellant in and near the City of East St. Louis. Under orders from his fox-eman he with a number of others got upon a hand-car to go out on the road to a place where the track was being changed from a narrow 'to the standard gauge, to assist in this work, and on the way out the hand-car left the track and tipped over and fell upon appellee and broke his leg. It was claimed that the hand-car was in bad repair and…
1Opinion of the CourtReeves, J.
The first question raised upon this record is that appellee was the servant and employe of one S. H. Kneeland, who, under a contract with appellant, was reconstructing the track of the railroad company by changing the gauge from the narrow to the standard gauge, and that Kneeland was operating the hand-car which caused the injury to appellee and therefore that Kneeland alone was responsible to appellee for his injury, if any one was liable, and in no event was appellant liable.
Even if we concede that appellee was working for Kneeland, the contractor, we do not see, under the other facts…
2Cases cited2 opinions
- West v. St. Louis, Vandalia & Terre Haute R. R.Illinois Supreme Court · 1872
- Balsley v. St. Louis, Alton & Terre Haute RailroadIllinois Supreme Court · 1886
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