Harding v. St. Louis National Stock Yards
Illinois Supreme Court
Appear from the Appellate Court for the Fourth District;—heard in that court on appeal from the City Court of East St. Louis; the Hon. W. J. N. Moyers, Judge, presiding.
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Appear from the Appellate Court for the Fourth District;—heard in that court on appeal from the City Court of East St. Louis; the Hon. W. J. N. Moyers, Judge, presiding. This is an action on the case brought to the March term, 1908, of the city court of East St. Louis by A. J. Mag-ill in his lifetime, against the appellant and Armour & Co., to recover damages for personal injuries received by him while in the employ of the latter in the yards of its packing plant at East St. Louis. At the dose of the evidence plaintiff dismissed his suit as to Armour & Co., after which the jury returned a…
1Opinion of the CourtJustice Carter
Some controversy is found in the record as to who changed the switch. Wysong, who was left there, denies . that he did it, but another witness testified that he saw Wysong throw the switch just before the accident. It is not contended that this court can inquire into this controverted question of fact.
The chief contention of appellant is, that the members of the switching crew were not its servants but were the servants of Armour & Co. at the time of the accident. It is admitted that the switching crew were employed and paid by appellant, and while the evidence shows that complaints of…
2Cases cited12 opinions
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
- Higgins v. . Western Union Telegraph Co.New York Court of Appeals · 1898
- Coughlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1896
- Pioneer Fireproof Construction Co. v. HansenIllinois Supreme Court · 1898
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3Cited by16 opinions
- Gundich v. Emerson-Comstock Co.Illinois Supreme Court · 1960
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- Craft v. Pocahontas Corp.West Virginia Supreme Court · 1937
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