Wabash, St. Louis & Pacific Railway Co. v. Hawk

Citations

• 121 Ill. 259
• 12 N.E. 253
• 1887 Ill. LEXIS 922

Syllabus

<p>1. Masted and sebvant—who are fellow-servants, within the rule de~ termining the liability pf the master. An employe of a railway company, having the charge and control of a crew or gang of men engaged in a particular service, who are bound to obey his orders, is not a fellow-servant with such persons, in the same line of employment, within the meaning of the rule that prevents a recovery by a servant, of his master, for the negligence of a fellow-servant; and the commands of such employe, within the scope of his. authority, are to be regarded as those of the master.</p> <p>2. So where one in charge of a wrecking-train and crew of men, in removing the floor of a ear from the track, directed his men, in a grossly negligent manner, to lift it up and place sticks under the same, and then let go the same, whereby it, through such negligent management, fell upon and injured one of the men so under his direction, it was held, that the company was liable in damages to the injured servant.</p>