Illinois Central Railroad v. Jewell

Citations

• 46 Ill. 99

Syllabus

<p>1. by his own negligence. A railroad company will not be held liable for injuries sustained by one of its servants, in the course of his employment ,when such injuries resulted from his own neglect to perform a duty, the performance of which might have avoided the accident.</p> <p>2. So where a brakeman was thrown from a car and killed, it being alleged the accident was caused by a defect in the brake, the nut which kept the wheel in its place on the upright shaft having become loose, and in the effort to work the brake, the wheel came off, and the deceased was thrown to the ground: Held, it was the duty of the brakeman to see that the brake was in fit condition for use, and the company was not to suffer for his neglect of duty.</p> <p>3. Sa3£E—liability for injury to one employee from the incompetency of another. But if it appear that the brakeman was thrown from the train, by reason of the great oscillation produced by the sudden application of the brake, while the train was running at a high rate of speed, on a down grade, on approaching a station,—the wheel giving away in his attempt to apply the brake, and he was precipitated to the ground, and killed,—the incompetency of the engine-driver, as a wild, reckless runner, being known to the company, it is held, the company would be liable for the injury resulting therefrom.</p>