Chicago & Alton Railroad v. Keefe

Citations

• 47 Ill. 108

Syllabus

<p>1. Railroads—liability of a railroad company for injuries received by an employee, through the carelessness or negligenee of a co-employee. Where a laborer upon a construction train, at work under the orders of the conductor in charge of such train, is injured in consequence of the moving of the train by the engi-' neer, also in pursuance of the order of the conductor, but without giving the preliminary signal, as required by the rules, such laborer cannot recover against the common master for injuries resulting from the carelessness of his engineer, if the master had used due diligence in his selection.</p> <p>2. The duties which attached the laborer, who received the injuries, to the train, as a part of its personal equipment, were such that his branch of service was not independent of those of the engineer, through whose carelessness he received the injuries, in any such sense, as to exempt him from the operation of the general rule, which refuses a remedy against a common master, in favor of one employee who receives an injury through the carelessness of another, while in the same line of duty.</p>