Baker City Mercantile Co. v. Idaho Cement Pipe Co.
Case Details
- Judge(s)
- Bean
- Status
- Published
- Procedural Posture
- appeal
- State
- Illinois
Related Laws
No specific laws identified for this ruling.
Outcome
Appellate court affirmed jury verdict for an injured employee who lost an arm and leg while uncoupling train cars due to negligent orders from the train dispatcher and a negligent motorman.
Excerpt
From Baker: Gustav Anderson, Judge. En Bane. Statement by Mr. Justice Bean. This is an action by the Baker City Mercantile Company, a corporation, against the Idaho Glazed Cement Pipe Company, a corporation, for the recovery of the value of goods, wares and merchandise furnished by the plaintiff and its assignors in the furtherance of the construction of a pipe-line by the defendant for the City of Baker. The cause was tried before a jury, which rendered a verdict in favor of plaintiff for the following sums, to wit: For the claim of Baker City Mercantile Co. .$ 838 10 For Perkins Bros.’ claim assigned to plaintiff................................ 37 65 For Oregon Mill & Grain Co. ’s claim assigned to plaintiff.......................... 109 42 For the claim of M. Weil & Co. assigned to plaintiff............................ 29 20 For the claim of Baker City Packing Co. assigned to plaintiff.................... 623 55 Total..........................$1,637 92 From a judgment entered thereon, defendant appeals. The complaint declares upon five separate causes of action. For the first plaintiff alleges that the defendant entered into a contract with the City of Baker, a municipal corporation of Oregon, to construct a conduit in connection with the gravity water system of such city, and employed men to do the manual labor in the construction thereof at an agreed price; that while these men were so employed, the defendant, by J. A. Atchison, bought goods of plaintiff of the reasonable value of $840.10 for the use of the laborers; that it was stipulated and agreed between plaintiff and defendant that the latter would hold, out of the wages of the laborers employed in the construction of the conduit, sufficient to pay the aforesaid sum; that in compliance therewith defendant, in the settlement with such laborers, with their consent did withhold such sum for the use and benefit of plaintiff, and now holds
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