Sjostrom v. Sproule

Rehearing denied September 27, 1965. The plaintiff, Robert Sjostrom, was injured when the car in which he was riding, driven by the defendant John Sproule, collided with another car. Both parties were employees of Armour & Co., an employer covered by the Workmen's Compensation Act, and they were going to work when the accident occurred. Section 5 of the Illinois Workmen's Compensation Act bars an action by an employee against the employer or his employees ""for injury or death sustained by any employee while engaged in the line of his duty as such employee."" (Ill. Rev. Stat. 1963, chap. 48, par. 138.5.) The question before us is whether the plaintiff's action is barred by the statute.