Biggs v. Farnsworth, Gen. No. 4807.
| Citation | 84 N.E.2d 330,336 Ill.App. 417 |
| Decision Date | 07 February 1949 |
| Docket Number | Gen. No. 4807. |
| Parties | BIGGS v. FARNSWORTH. |
| Court | United States Appellate Court of Illinois |
336 Ill.App. 417
84 N.E.2d 330
BIGGS
v.
FARNSWORTH.
Gen. No. 4807.
Appellate Court of Illinois, Fourth District.
Feb. 7, 1949.
Appeal from Circuit Court, St. Clair County; Ralph L. Maxwell, Judge.
Personal injury action by Joseph Biggs against B. J. Farnsworth. From the judgment, the plaintiff appeals.
Affirmed.
[84 N.E.2d 330]
Jos. B. McGlynn, of East St. Louis, (Wayne P. Williams, of East St. Louis, of counsel), for appellant.
Pope & Driemeyer, of East St. Louis, for appellee.
CULBERTSON, Presiding Justice.
This cause arises on appeal by reason of an action filed in the Circuit Court of St. Clair County on behalf of Appellant, Joseph Biggs (hereinafter called plaintiff), by which he sought to recover damages for personal injuries as against Appellee, B. J. Farnsworth (hereinafter called defendant).
Plaintiff was injured when he was struck by an automobile driven by defendant. The accident occurred as plaintiff and defendant, both coal miners who worked for the same employer, the Perry Coal Company, were leaving work, and while both were still on the property of the Coal Company. The defense was affirmatively raised that both plaintiff and defendant and their employer, the Perry Coal Company, were all engaged in the business of mining coal, so that the Workmen's Compensation Act applied to them by reason of the extra-hazardous occupation, and that the accidental injuries of the plaintiff arose out of and in the course of his employment by the Perry Coal Company, and that by reason thereof, and under the Workmen's Compensation Act, plaintiff is not entitled to maintain his complaint as against defendant.
The case was tried twice before a Court and Jury (the first action resulted in a mistrial), and on the second trial the Trial Judge reserved his ruling on defendant's motion for a directed verdict made at the close of all the evidence. After the jury had returned a verdict in plaintiff's favor, for $700, the Court below allowed the defendant's motion for directed verdict, and judgment was entered in defendant's favor. Plaintiff's motion for a new trial was denied.
The evidence disclosed that plaintiff and defendant had been working in the mine on the day of the accident. The only road leading to the mine was a black cinder road, which both plaintiff and defendant,
[84 N.E.2d 331]
and other employees, used in going to and from the mine. The plaintiff and defendant had finished work at about 9:00 o'clock p.m., which was the usual quitting time for the night shift. Plaintiff was walking along the road, and defendant drove from a parking lot along the road, and in the dark and absence of artificial light, ran into and struck plaintiff with the right fender of his automobile. Plaintiff neither heard nor saw defendant's car before the collision, and defendant did not see plaintiff until the impact. In view of the conclusion of this Court it is not necessary that we go into the question of whether the verdict of which complaint was made, was inadequate, as contended by plaintiff.
In an accident arises out of and in the course of employment of a common employer of a plaintiff and a...
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...Comm., 294 Ill. 119, 128 N.E. 290; Western Coal and Mining Co. v. Industrial Comm., 296 Ill. 408, 129 N.E. 779; Biggs v. Farnsworth, 336 Ill.App. 417, 84 N.E.2d 330; Cunningham v. Metzger, 258 Ill.App. 150.) More recently, in both DeHoyos v. Industrial Comm., 26 Ill.2d 110, 185 N.E.2d 885, ......
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