Chesapeake & Ohio Ry. Co. v. Mihas, 280 U.S. 102 (1929)

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Chesapeake & Ohio Ry. Co. v. Mihas

No. 21

Argued October 24, 1929
Decided November 25, 1929
280 U.S. 102

CERTIORARI TO THE APPELLATE COURT FOR THE FIRST DISTRICT OF

ILLINOIS AND THE SUPREME COURT OF ILLINOIS

Syllabus

1. A judgment of the Appellate Court of Illinois, which, under Cahill’s Rev.Stats. Ill., 1927, c. 110, § 121, is final unless the judges of that court grant a certificate of importance and an appeal to the supreme court of the state, or the latter court grants an application for review, is affirmed when the supreme court refuses such an application, and is then final for purposes of review in this Court, although no application for certificate of importance and appeal to that court has been made to the appellate court. P. 103.

2. It is not sufficient for a complainant to how that he has been injured by the failure of another to perform duty or obligation unless that duty or obligation was one owing to the complainant. P. 106.

3. A railway employee, having occasion in the course of his duty to cross a switch-track, attempted to climb over one of several cars standing upon it and was thrown off and injured when, without warning, other cars were shunted forcibly against them. It was the custom of the railway company to give warning when such shunting was to be done, but only to persons, other than employees, engaged in unloading the standing cars, and there was no custom or duty of the kind in respect of employees engaged in work on or about the tracks. There was nothing to show that the employees engaged in he switching operation knew, or had reason to believe, that this employee was in any position of danger. Held that the failure to give warning, though he relied upon it, was not a breach of duty owed to him, and that he had no cause of action. P. 106.

249 Ill.App. 446 affirmed.

Certiorari, 279 U.S. 827, to review a judgment of the appellate court of Illinois affirming a verdict and judgment for damages in an action under the federal Employer’s Liability Act.