City of Chicago v. Gathman

Appellant’s counsel contend that inasmuch as it is averred in the declaration that James O’Connor was in the employ of appellant, as bridge tender, to have charge of the machinery and operation thereof, and to raise and lower the bridge, it was incumbent on appellee to prove that O’Con-nor was actually operating the bridge at the time of the accident, and was guilty of negligence. While we do not think this follows, we think the evidence is sufficient to show negligence of O’Connor. It was clearly his duty, as the regularly appointed bridge tender, to use ordinary care to so operate the…