Gilson v. Collins

Citations

• 66 Ill. 136

Syllabus

<p>Master and servant—liability of servant to mastw' for injury resulting from neglect of duty. In an action by an engineer to recover his wages for services on defendant’s tug boat, the evidence tended to show that the boat was damaged by fire while in plaintiff’s charge, and that it was the result of a breach of duty on his part, and the defendant sought to recoup these damages. The court instructed the jury for plaintiff “that an engineer of a tug boat is not an insurer of the boat upon which he works, and is not responsible for damage to the machinery which is not directly attributable to his negligenceHeld, that the instruction was erroneous, and calculated to mislead the jury. The engineer was liable, if the damage could be fairly attributable to the act done or omitted by him as a natural result or a just consequence.</p>