Toledo v. Rodrigues

• Court: Supreme Court of Illinois
• Writing for the Court: WALKER
• Citation: 47 Ill. 188,95 Am.Dec. 484,1868 WL 4959
• Decision Date: 31 January 1868
• Parties: TOLEDO, WABASH & WESTERN RAILWAY COMPANYv.JOSEPH RODRIGUES.

47 Ill. 188
1868 WL 4959 (Ill.)
95 Am.Dec. 484

TOLEDO, WABASH & WESTERN RAILWAY COMPANY
v.
JOSEPH RODRIGUES.

Supreme Court of Illinois.

January Term, 1868.

[47 Ill. 189]

APPEAL from the Circuit Court of Morgan county; the Hon. CHAS. D. HODGES, Judge, presiding.

Messrs. ROBERTSON & BARNES, for the appellant.

Mr. H. J. ATKINS, for the appellee.

Mr. JUSTICE WALKER delivered the opinion of the Court:

It appears, from the record in this case, that one Johnson, while in the employment of the railroad company, as a brakeman, was run over by a locomotive and injured. That the station agent at Jacksonville, where the injury occurred, employed appellee to nurse and take care of Johnson, and told appellee that appellant would pay him for his services. Appellee performed the services and presented his bill to the station agent for payment. He wrote to the general superintendent, making a full statement of all that had been done, but there seems to be no evidence that this letter was received. After the account was rendered, the general superintendent

[47 Ill. 190]

conferred with the station agent in reference to the various items, and as to whether the charges were reasonable, when the superintendent said if they were reasonable he would pay the account, and made no other objections at the time.

On the trial below, and in this court, it is insisted that these agents acted without authority, and that there is no legal obligation resting upon appellant to pay for these services, not withstanding the employment by the station agent, and the recognition of his contract by the general superintendent of the road. Although the charter of the company may not, in terms, authorize the body to incur expense on account of injury received by their employees, in the discharge of their hazardous employment, yet it will not be seriously contended but that they may, in exercising their franchises, incur such a liability.

If, from the necessary hazards of the employment, a person devoting his energies in promoting the interest of the company, at a moderate compensation, without fault on his part, is severely injured, and for a length of time is wholly disabled, humanity, if not strict justice, would say that when the company have employed others to take the care, and incur the expense of his cure, they should be compelled to observe their contract, and meet the expense.

When an employee has been disabled and rendered helpless, in the employment of the company, we can see no...