Chicago & Northwestern Railway Co. v. Moranda

Citations

• 108 Ill. 576
• 1884 Ill. LEXIS 1517

Syllabus

<p>1. Fellow-servants—who to he so regarded, within the rule respondeat superior. To constitute servants of the same master “fellow-servants,” within the rule respondeat superior, it is not enough that they are engaged in doing parts of the same work, or in the promotion of the same enterprise carried on by the master, not requiring cooperation, or bringing them together, or in such relations as that they may have an influence upon each other, but it is essential that at the time it is claimed such relation exists, they shall be directly cooperating with each other in the particular business in hand, or that their usual duties shall bring them into habitual consociation, so that they may exercise an influence upon each other promotive of proper caution.</p> <p>2. Same—;former decision. In the case of Chicago and Northwestern Ry. Co. v. Moronda, 93 111. 302, it was not intended to be decided as a matter of law that a section foreman of a gang of track repairers, and the engineer or fireman on an engine drawing a train, all employees of the defendant, were not directly cooperating with each other in their respective labors, and •that their usual duties did not bring them into habitual consociation, so that they might exercise an influence upon each other promotive of proper care, but this was merely assumed as a hypothesis, for the purpose of eliminating from previous decisions the proper rule of law.</p> <p>3. Instruction—should intimate no opinion on the facts. It is essential not only that the rules of law shall be 'given to the jury with substantial accuracy, but also that the jury be left perfectly free to form and declare, from the evidence, their opinion upon the questions of fact. It is not admissible for the court to express any opinion to the jury on questions of fact, even though in conformity to the previously expressed opinion of this court, upon reviewing a question of fact.</p> <p>4. Law and fact—as to who are fellow-servants—as a question of fact. In a