Andrews v. Boedecker

Citations

• 126 Ill. 605
• 18 N.E. 651

Syllabus

<p>1. Respondeat superior—negligence of servant—liability of master. The owner of a quantity of lumber employed teamsters to haul the same to an appointed place, where they were directed to unload and pile it. The teamsters so employed did unload and place in piles a part of the lumber without assistance, and the residue with the voluntary and gratuitous assistance of a third person. Such residue of the lumber was piled by those persons in so unskillful and unsafe a manner that it fell over and upon another person, causing his death, without any want of ordinary care on his part: Held, that the employer—the owner of the lumber—was liable in an action for the injury resulting. Whether the third person who assisted in piling the lumber was or was not a servant of the owner sought to be held liable was immaterial.</p> <p>2. Action—injwy from negligence—joint mid several liability. Parties who act in concert, and co-operate in doing an act in a negligent manner, whereby an injury results to another, will be liable, either jointly or severally, to the person injured, for the damages thereby occasioned, whether the relation of master and servant exists between ■ the parties doing the negligent act, or not.</p>