Chicago & Alton Railroad v. Sullivan

Citations

• 63 Ill. 293

Syllabus

<p>1. Railroads—when liable for injury to one employee through the fault of another. If a servant of a railroad company be injured through the incompetency and unskillfulness of a fellow-servant, or in consequence of defects in machinery or track, and the company be guilty of negligence in the employment and retention of such agent, or in the construction and repair of its machinery and track, it is liable in damages.</p> <p>2. Habitual intemperance of a conductor, under circumstances bringing knowledge thereof to his employers, is sufficient to render them liable for injury resulting therefrom.</p> <p>3. Contributory negligence. Partial or slight negligence and inattention of the party injured will not bar recovery, when palpable negligence of the employer is proven.</p> <p>4. Instructions. The giving or refusing of instructions, when it is clear that the jury are not misled, and when substantial justice has been done, will not justify setting aside the judgment.</p>