Opinion
Gen. No. 42,855. (Abstract of Decision.)
Opinion filed February 28, 1944
MASTER AND SERVANT, § 543 — insufficiency of evidence to sustain judgment for steel company's injured employee against railroad company. In action by laborer, employed by steel company, for injury received when railroad car, being moved at request of steel company by switching crew of defendant railroad company, struck large steel box, which plaintiff had been filling with slag, and thereby caused box to strike plaintiff, held that, under evidence, judgment for plaintiff could not be sustained and would be reversed, with judgment in reviewing court for defendant.
See Callaghan's Illinois Digest, same topic and section number.
O'CONNOR, P.J., specially concurring.
Appeal from the Superior Court of Cook county; the Hon. CHARLES A. WILLIAMS, Judge, presiding.
Reversed and judgment here for defendant. Heard in the first division, first district, this court at the October term, 1943.
Knapp, Cushing, Hershberger Stevenson, for appellant;
Harlan L. Hackbert, of counsel;
William Wallace McCallum, Marion J. Hannigan and Wendell H. Shanner, for appellee.
Not to be publised in full. Opinion filed February 28, 1944.