O'Brien v. Rautenbush

Rehearing denied January 23, 1957. On October 21, 1953, suit was filed in the circuit court of Cook County by Raymond E. O'Brien, hereinafter referred to as
plaintiff, to recover money damages for personal injuries sustained by him in an automobile collision which allegedly occurred
some nine months before in Washington County, Wisconsin, as a result of the negligent operation by the defendant, David F.
Rautenbush, of the motor vehicle in which they were both riding. Defendant's answer, in addition to denying the negligence
allegations, set forth an affirmative defense showing that he and the plaintiff were traveling together at the time of the
accident as co-employees of the Meyercord Company, that they and their employer were bound by the Illinois Workmen's Compensation
Act, that the occurrence complained of arose out of and in the course of their employment, and that plaintiff had subsequently
filed a claim with the Illinois Industrial Commission and had received the sum of $1600 from his employer as full settlement
of all amounts due under the provisions of the Workmen's Compensation Act. Thereafter, defendant moved for summary judgment
on the grounds that plaintiff, being bound by the Workmen's Compensation Act, was barred from asserting any common-law right
of action which he might otherwise have had against his co-employee, and the circuit court so held in entering judgment for
the defendant. This appeal, on constitutional grounds, has followed.