Toledo, Wabash & Western Railway Co. v. Rodrigues

Citations

• 47 Ill. 188

Syllabus

<p>1. Railroad companies—of the character of the liabilities which they may incur. Although the charter of a railroad company may not, in terms, authorize the company to incur expense, on account of injury received by their employees, yet they may, in exercising such franchises, incur such liability.</p> <p>2. Same—of the consideration for a promise. When an employee has been disabled while in the employ of a railroad company, and in the discharge of his hazardous duties, it is a sufficient consideration to support a promise to pay for the nursing and medical attendance necessary to his cure.</p> <p>3. Railroad superintendent—of his powers. The general superintendent may, in the exercise of his powers as such, bind the company for the payment of such liabilities, which his constructive consent assumed.</p> <p>4. Where an employee of a railroad company has received injury, while in the discharge of his duty, and the station agent, in his capacity as such, assumes certain liabilities in his behalf, for nurse and medical attendance, and writes a letter to the general superintendent, stating the facts, it is presumed that the general superintendent received such notice, and in the absence of any instructions to the contrary, consénted, on the part of the railroad company, to assume the liabilities of the station agent for all reasonable charges in this behalf.</p>