Legal Opinion

Kozowski v. Ostrowski

Appellate Court of Illinois

Decided October 4, 1911No. Gen. No. 15,756PublishedCited by 2 opinions

Error to the Municipal Court of Chicago; the Hon. Max Eberhabdt, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1909.

1Opinion of the CourtJustice Duncan

Plaintiff in error urges here as his principal reason for a reversal of the judgment that the defendant in error assumed the risk. He argues that the gangway was not dangerous; and that if it was dangerous, defendant in error should not recover because he knew and appreciated the dangers and continued to work without complaint. It was a question for the jury to finally decide under the evidence whether or not the gangway as constructed by plaintiff in error was reasonably safe for the defendant to wheel brick over it, the purpose for which it was made. The evidence clearly showed that the…

2Cases cited3 opinions

  1. Watke v. StineIllinois Supreme Court · 1905
  2. Acme Harvester Co. v. ChittickAppellate Court of Illinois · 1907
  3. Maroni v. PaitsonAppellate Court of Illinois · 1906

3Cited by2 opinions

  1. Robert Musgrave v. Union Carbide Corporation, Robert Musgrave v. Process Engineering, Inc.Court of Appeals for the Seventh Circuit · 1974
  2. Merle v. BeifeldAppellate Court of Illinois · 1915

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