Chicago & Alton Railroad v. May

Citations

• 108 Ill. 288
• 1884 Ill. LEXIS 1476

Syllabus

<p>1. Negligence—causing death—•evidence as to support of family, proper. In an action by an administrator against a railway corporation, to recover damages for negligently and wrongfully causing tlie death of the intestate, evidence that the deceased in his lifetime supported the plaintiff (his widow) and her children, is not only admissible, but highly proper, if not indispensably necessary.</p> <p>2. Ebbok—m some instructions, when, as a whole, are most favorable to the objector. Where the instructions, taken as a series, taking those on both sides, state the law of the case more favorably to the defendant than the plaintiff, and more favorably to the defendant than the law warrants, a reversal will not be had on the appeal of the defendant, even if one or more of the plaintiff’s instructions, considered alone, are probably subject to criticism.</p> <p>3. Masteb and sekyant—who is a fellow-servant of a common master. One servant of a corporation, to whom is delegated the power of hiring and discharging other servants, and in whom the corporation vests the sole control and direction of such other servants in and about the work which they may be ordinarily required to do, is, as to such servants whom he so hires, discharges and controls, the representative of the master when exercising such power or control, and is not a fellow-servant, nor is he in the same line of employment as the servants he so controls.</p> <p>4. Same—liability for negligence of one servant injuring another. The mere fact that one of a number of servants who are in the habit of working together in the same line of employment for a common master, has power to control and direct the actions of the others with respect to such employment, will not of itself render the master liable for the negligence of the governing servant, resulting in an injury to one of the others, without regard to other circumstances. Each case must depend upon its own circumstances.</p> <p>5. If the negligence complained o