# Marion Water Co. v. Industrial Commission

> Illinois Supreme Court · February 16, 1938 · 368 Ill. 350

URL: https://www.frixlaw.com/law-library/cases/3414352

## Case

- **Full name:** The Marion Water Company, Plaintiff in Error, vs. the Industrial Commission Et Al.—(Robert Whitlock, Defendant in Error.)
- **Court:** Illinois Supreme Court
- **Decided:** February 16, 1938
- **Citations:** 368 Ill. 350; 14 N.E.2d 236
- **Precedential status:** Published
- **Opinion:** Dissent by Farthing
- **Judges:** Shaw, Farthing, Orr
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3414352

## Opinion text

Farthing, C. J., and Orr, J.,
dissenting:
We cannot agree with the majority opinion because this court has substituted its judgment, as to the facts established by conflicting testimony, for that of the commission, contrary to the well-established rule in such case, and for the further reason that the evidence shows the injured workman was an employee of the water company and acted under its direction and supervision. The facts that he received the use of property which he occupied instead of money for his services, and that he may have been a tenant as well as an employee, have been held to be immaterial. Western and Southern Indemnity Co. v. Industrial Com. 366 Ill. 240 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3414352. Public record. Not legal advice.