Chicago & Alton Railroad v. Rush

Citations

• 84 Ill. 570

Syllabus

<p>1. Negligence—onpm't of plaintiff contributing to his injury. Where a brakeman, in uncoupling a combination car to be left on a switch, which has a railing, instead of remaining on such car, as it was his duty, gets upon a flat car next to it, and, in consequence of the jerk caused hy the putting on steam to start the train, is thrown off and run over, his own carelessness and negligence will be such as to preclude him from recovering for the injury.</p> <p>2. Same—of fellow servant. It is a well settled doctrine, that a railway company is not responsible to its servants or agents for an injury occasioned by the negligence of fellow-servants while acting in the same service, when such other servants are competent, or the company has no notice to the contrary.</p>