Mobile & Ohio Railroad v. Godfrey
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Jackson county; the Hon. Joseph P. Robarts, Judge, presiding. This case, with one of the same appellant against Fannie Massey, administratrix, was submitted to this court at the May term, 1894. The titles of both cases were placed at the head of the same statement, etc., and both cases were referred to in the same brief.
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Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Jackson county; the Hon. Joseph P. Robarts, Judge, presiding. This case, with one of the same appellant against Fannie Massey, administratrix, was submitted to this court at the May term, 1894. The titles of both cases were placed at the head of the same statement, etc., and both cases were referred to in the same brief. From a statement made by counsel for appellant the court was induced to believe the identical questions were involved in each, and an opinion having been filed in…
1Opinion of the CourtJustice Phillips
Where a servant brings his action against the master for personal injuries alleged to have been caused by the negligence of a co-servant, and the master denies a right of recovery, claiming the servant injured is a fellow-servant of the one causing the injury, it is the province of the court to state the rule that constitutes fellow-servants, and it is a question of fact,' for the jury to determine from the evidence, whether the different servants are fellow-servants, within the rule. (Indianapolis and St. Louis Railroad Co. v. Morgenstern, 106 Ill. 216; Chicago and Northwestern Railway Co.…
2Cases cited2 opinions
- Indianapolis & St. Louis Railroad v. MorgensternIllinois Supreme Court · 1883
- Monmouth Mining & Manufacturing Co. v. ErlingIllinois Supreme Court · 1894
3Cited by18 opinions
- Aronovitch v. AyresSupreme Court of Virginia · 1937
- Donk Bros. Coal & Coke Co. v. ThilIllinois Supreme Court · 1907
- Baier v. SelkeIllinois Supreme Court · 1904
- Schillinger Bros. v. SmithIllinois Supreme Court · 1906
- Norton v. VolzkeIllinois Supreme Court · 1895
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