Chicago & Alton Railroad v. Keefe
Illinois Supreme Court
Appeal from the Circuit Court of Sangamon county; the Hon. Ebwabb Y. Eice, Judge, presiding. Patrick Keefe brings an action for damages, received while in the employ of the Chicago & Alton Eailroad Company, as a laborer upon a construction train.
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Appeal from the Circuit Court of Sangamon county; the Hon. Ebwabb Y. Eice, Judge, presiding. Patrick Keefe brings an action for damages, received while in the employ of the Chicago & Alton Eailroad Company, as a laborer upon a construction train. The facts, as they appear in the record, show that Keefe was at work on the construction train, unloading railroad iron; that while so engaged, the conductor signaled the engineer to run his train on the switch, to get out of the road of an approaching passenger train. The engineer, without giving the preliminary signal, as required by the rules,…
1Opinion of the CourtJustice Lawrence
In Homer v. Ill. Cent. R. R. Co., 15 Ill., 550; Ill Cent R. R. Co. v. Cox, 21 ib., 20, and Moss v. Johnson, 22 ib., 633, this court, upon a full examination of the subject, and in conformity with the great current of authorities, held that one servant cannot recover against the common master for injuries resulting from the carelessness of a fellow servant, if the master had used due diligence in their selection. This question can no longer be considered an open one in this court, and we do not propose to discuss it anew.
The second instruction given for the plaintiff in this case disregards…
2Cases cited1 opinion
- Honner v. Illinois Central RailroadIllinois Supreme Court · 1854
3Cited by16 opinions
- Chicago, Burlington & Quincy Railroad v. GregoryIllinois Supreme Court · 1871
- Columbus, Chicago & Indiana Central Railway Co. v. TroeschIllinois Supreme Court · 1873
- Chicago & Alton Railroad v. MurphyIllinois Supreme Court · 1870
- Parrish v. Pensacola & Atlantic RailroadSupreme Court of Florida · 1891
- Toledo, Wabash & Western Railway Co. v. MooreIllinois Supreme Court · 1875
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