Legal Opinion

Merchant v. Mickelson

Appellate Court of Illinois

Decided March 31, 1902PublishedCited by 5 opinions

Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Heard in this court at the October term, 1901. Statement.—This is an appeal from a judgment rendered in favor of appellee and against appellant, in an action for injuries caused, as is alleged, by appellant’s negligence.

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Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Heard in this court at the October term, 1901. Statement.—This is an appeal from a judgment rendered in favor of appellee and against appellant, in an action for injuries caused, as is alleged, by appellant’s negligence. The defendant, at the close of all the evidence, requested the court to instruct the jury to find the defendant not guilty, which instruction the court refused to give. The question to be decided is whether the evidence warrants a recovery.…

1Opinion of the CourtJustice Adams

court.

The doctrine that the master must furnish to his servants a safe place in which to work, is not applicable when the servant is employed to take down a building, which work is necessarily dangerous, especially in such case as the present, where the building has been partially destroyed by ■fire, and therefore what remains of it, weakened. Clark et al. v. Liston, 54 Ill. App. 578; Mueller v. Schwecht, 62 Ib. 622; Richardson v. Anglo-Am. Provision Co., 72 Ib. 77; Chicago Edison Co. v. Davis, 93 Ib. 284; Armour v. Hahn, 111 U. S. 313.

In Clark v. Liston, supra, the court say:

“ It is manifest…

2Cases cited2 opinions

  1. Armour v. HahnSupreme Court of the United States · 1884
  2. Clark v. ListonAppellate Court of Illinois · 1894

3Cited by5 opinions

  1. United Roofing and Siding Company v. SeefeldMississippi Supreme Court · 1969
  2. Rogers v. ValkWashington Supreme Court · 1913
  3. F. J. McCain Co. v. KingsleyAppellate Court of Illinois · 1906
  4. Wells Bros. v. ManionAppellate Court of Illinois · 1908
  5. Hansell-Elcock Foundry Co. v. ClarkAppellate Court of Illinois · 1904

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