Pittsburg, Fort Wayne & Chicago Railway Co. v. Powers

Citations

• 74 Ill. 341

Syllabus

<p>1. Measure of samases — injury to servant from negligence of the master. In a suit by a servant of a railway company against the company to recover damages for a personal injury received while in the company’s service, it is error to admit evidence that the plaintiff had a family and was unable to support them by his labor since the injury. To admit such evidence is virtually to impose upon the company the duty of supporting the plaintiff's family, which the law does not require in the case of a servant injured in its employ even by the negligence of the company.</p> <p>3. Contract to labor on railroad track — construction. Where a person is employed to labor on the track of a railroad, generally, it will be presumed that it shall be at any place the company may designate within a reasonable distance from the place of employment, and the company should not, for that reason, be liable for an injury received whilst at work at a place different from that at which he had been accustomed to work.</p> <p>3. Master and servant — duty to adopt reasonable rules and regulations to protect employees. It is the duty of a railway company to make all reasonable and proper regulations for the safety of its employees. And this being an affirmative fact, it devolves on the company to show an observance of the duty when sued by a servant for an injury received while in its service, and negligence is shown. On such a showing the presumption will be that the negligent act was done in violation of its rules, and the company will not be liable for the act of its servants, disobeying such regulations, unless the servant inflicting the injury was incompetent and the company knew it, or had reasonable and proper means of knowing it.</p> <p>4. Same — liability to servant for acts of co-servant. It has been repeatedly held by this court that a servant of a railway company may recover of the company for an inj ury occasioned by the negligence of a fellow-servant, where the two are not emplo