Valtez v. Ohio & Mississippi Railway Co.

Citations

• 85 Ill. 500

Syllabus

<p>1. Demurrer to evidence—its effect. Where a defendant demurs to the plaintiff’s evidence, he admits all the facts such evidence tends to prove, and, upon the facts thus admitted, demands the judgment of the court whether the plaintiff is entitled to recover.</p> <p>2. Same—when it states evidence instead of facts. After a voluntary joinder in demurrer to evidence, the plaintiff can not object that the demurrer admits the evidence instead of the facts which the evidence establishes.</p> <p>3. Master and servant—liability of master to servant for acts of fellow servant. Where a servant of a railway company sustained personal injury while engaged in repairing cars, through the negligence of a fellow servant, a driver of a switch engine, in mistaking a signal while pushing cars, it was held, that the plaintiff could not recover against the company, the common master, he and the fellow servant being in the same line of employment.</p> <p>4. Same—when servants are fellow servants. Those who are engaged in the service of the same master, in carrying on and conducting the same general business in which the usual instrumentalities are employed, may justly be called fellow servants. A proper test of this relation is, whether the negligence of the one is likely to inflict injury on the other.</p>