Ryan v. Chicago Foundry Co.

Decided July 20, 1916

Appellate Court of Illinois · decided 1916-07-20

Abstract of the Decision. 1. Workmen’s Compensation Act—when award signed by two of three arbitrators sufficient. Under section 10 of the Workmen’s Compensation Act (J. & A. T 5459), and section 1 of the act as to statutory construction (J. & A. f 11102), an award of the arbitrators which is signed by only two of the three arbitrators appointed under the Workmen’s Compensation Act is valid. 2. Courts, § 100*—when County Court has jurisdiction of assumpsit on award. The County Court has jurisdiction of a suit in assumpsit based on an award for less than $1,000. 3. Assumpsit, action of, § 6*—when proper remedy on an award. Assumpsit is a proper remedy on an award. 4. Workmen’s Compensation Act—when evidence as to liability of employer properly excluded in assumpsit on award. In a suit in assumpsit based on an award made under the Workmen’s Compensation Act (J. & A. 1[ 5449 et seq.), evidence bearing on the question of defendant’s liability under such act is properly excluded as irrelevant.

Affirmed · Decided 1916-07-20

Mr. Presiding Justice Barnes

¶1delivered the opinion of the court.

2. Courts, § 100*—when County Court has jurisdiction of assumpsit on award. The County Court has jurisdiction of a suit in assumpsit based on an award for less than $1,000.3. Assumpsit, action of, § 6*—when proper remedy on an award. Assumpsit is a proper remedy on an award.4. Workmen’s Compensation Act—when evidence as to liability of employer properly excluded in assumpsit on award. In a suit in assumpsit based on an award made under the Workmen’s Compensation Act (J. & A. 1[ 5449 et seq.), evidence bearing on the question of defendant’s liability under such act is properly excluded as irrelevant.