Legal Opinion

McCarthy v. Muir

Appellate Court of Illinois

Decided June 29, 1893PublishedCited by 3 opinions

Memorandum.—Case. In the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Declaration; plea not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the March term, 1893.

1Opinion of the Court

Opinion of the Court,

Waterman, J.

This action was brought to recover damages occasioned by the giving way of a trestle supporting a plank upon which appellee, while working for appellant, was standing.

It is the duty of the master to use diligence to furnish reasonably safe appliances for the use of his workmen. Wood on Master and Servant, Sec. 229;• Shearman & Red-field on Negligence, Secs. 87 and 89; Camp Point Mfg. Co. v. Ballou, 71 Ill. 417; Goldie v. Werner, 49 Ill. App.

In the present case witnesses for the plaintiff and defendant testified that the trestle used, appeared before the…

2Cases cited7 opinions

  1. Camp Point Manufacturing Co. v. BallouIllinois Supreme Court · 1874
  2. Sack v. DoleseIllinois Supreme Court · 1891
  3. Columbus, Chicago & Indiana Central Railway Co. v. TroeschIllinois Supreme Court · 1873
  4. East St. Louis Packing & Provision Co. v. HightowerIllinois Supreme Court · 1879
  5. Bensley v. BrockwayAppellate Court of Illinois · 1888

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3Cited by3 opinions

  1. Chicago & Eastern Illinois Railroad v. KeeganAppellate Court of Illinois · 1904
  2. Lecklieder v. Chicago City Railway Co.Appellate Court of Illinois · 1908
  3. Donahue v. Frank E. Scott Transfer Co.Appellate Court of Illinois · 1908

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