Wiggins Ferry Co. v. Blakeman

Citations

• 54 Ill. 201

Syllabus

<p>1. Special plea—amounting to general issue. It is proper to sustain a demurrer to a special plea which amounts only to the general issue.</p> <p>2. Evidence under the general issue. In an action on the case against the owners of a ferry boat, to recover for injuries alleged to have been received by the plaintiff while on such boat, by reason of the negligence and unfitness of the defendants’ servants thereon, it was held,, to be competent for the defendants to prove, under the general issue, that at the time of the alleged injury the plaintiff was an employee of the defendants on such boat, and any injury he received was by reason of his own negligence as well as that of his fellow-servants in that employment.</p> <p>3. The defendants could also prove, under the general issue, that the plaintiff was their servant on the boat at the time he was injured, and that neither the defendants nor their servants were guilty of gross negligence in respect thereto.</p> <p>4. Also, it was allowable for the defendants to prove, under the general issue, that the plaintiff was an employee of the defendants on such boat at the time he received the injuries complained of, and well knowing the habits and capacity of his fellow-servants, never gave any notice thereof to the defendants.</p>