The Wiggins Ferry Co. v. Blakeman

• Decision Date: 30 June 1870
• Parties: THE WIGGINS FERRY COMPANYv.GEORGE W. BLAKEMAN.
• Court: Illinois Supreme Court

54 Ill. 201

1870 WL 6289 (Ill.)

THE WIGGINS FERRY COMPANY

v.GEORGE W. BLAKEMAN.

Supreme Court of Illinois.

June Term, 1870.

APPEAL from the Circuit Court of St. Clair county; the Hon. JOSEPH GILLESPIE, Judge, presiding.

This was an action on the case, by Blakeman, against the Wiggins Ferry Company, to recover damages for an alleged injury received by the plaintiff while on the defendants' boat, such injury, it was claimed, being occasioned by the negligence and want of skill on the part of defendants' servants engaged in the management of said boat.

Defendants pleaded: 1, the general issue; 2, that at the time, when, etc., plaintiff was an employee of defendants on said ferry boat, and the said supposed injury or damage was occasioned by his own negligence as well as of his fellow-servants in said employment, etc.; 3, that at the said time, when, etc. said plaintiff was an employee of said defendants on said boat, and said plaintiff was then and there injured without any gross carelessness of said defendants or their servants, etc.; 4, that at the said time, when, etc. plaintiff was an employee of defendants, and well knew the character, habits and capacity of his fellow-employees on said boat, and never before the time when, etc. gave notice to said defendants, etc.; 5, that before and at the said time, when, etc. said plaintiff was an employee of said defendants on said boat, and then and there well knew the character, incapacity, negligence, awkwardness and unskillfulness of the said agents and employees of said defendants in said declaration mentioned, and never before the said time, etc. informed, or caused to be informed, the defendants thereof, and the said defendants had no notice thereof, etc. Plaintiff demurred specially to said special pleas, because they were equivalent to the general issue, etc. and the court sustained the demurrer.

Mr. WILLIAM H. UNDERWOOD, for the appellants.

Mr. CHARLES W. THOMAS, for the appellee.

Mr. JUSTICE BREESE delivered the opinion of the Court:

This was an action on the case, brought by George W. Blakeman, against the Wiggins Ferry Company, and tried by a jury, and a verdict rendered for $500 damages, and judgment accordingly.

The defendants bring the record here by appeal, and assign as error the refusal of the court to grant a new trial, and in sustaining demurrer to defendants' special pleas.

Upon the last point, the demurrer was properly sustained, as those pleas, and each of them,...