Chicago & Eastern Illinois Railroad v. Geary

Citations

• 110 Ill. 383

Syllabus

<p>1. Master and servant—negligence of fellow-servant—respondeat superior—and herein, who are fellow-servants. Where one servant is injured by the negligence of his fellow-servant, the duties of both being such as to bring them into habitual consociation, so that they might exercise an influence upon each other promotive of proper caution, and the master is guilty of no negligence in the employment of the servant causing the injury, the master will not be held liable for the injury.</p> <p>2. Where it was to some extent the duty of a servant of a railway company, as night watcher, to note and report upon the conduct of the foreman of a night crew, whose duty it was to make up trains, etc., to his superior, and the night watcher could in no event perform his duty without constantly watching the engine and ears of the night crew while at or upon a crossing of a public street, it was held, that the night watcher and the foreman of the night crew were fellow-servants, within the legal meaning of that term, and that the common master was not liable to the night watcher for an injury received in consequence of the negligence of the foreman of the night crew in the discharge of his duties in switching cars on one of the tracks over the crossing.</p> <p>3. Same—when servant assumes rislcs by remaining in service. Where an employe, after having an opportunity to become acquainted with the risks of his situation, accepts the same, he can not complain if subsequently injured by such exposure. A party may, if he chooses, contract to take the risks of a known danger. Presumptively, in such a case he charges in proportion to the risk, or rather for the risk.</p> <p>4. Burden of proof—in showing negligence. In an action by an employe of a railway company to recover for a personal injury from being run over by a car while it was being switched, if the negligence of the company in the employment of the foreman or conductor engaged in moving the car, or in furnishing proper appliance