Dolese & Shepard Co. v. Schultz
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901. Appellee was injured while assisting in unloading stone from a car.
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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 the Branch Appellate Court at the March term, 1901. Appellee was injured while assisting in unloading stone from a car. Stone was unloaded by appellant by means of a derrick at the side of the car, the boom of which was elevated over the car; the stones were grasped by hooks fastened to the cable which ran over the end of the boom into the car. The cable was attached to a windlass at the foot of the derrick, and' men turned the crank, thus pulling…
1Opinion of the CourtJustice Waterman
Appellant urges that “the failure to stop the derrick was not the proximate cause of the accident; that the same result would have been brought about if the stone had been stationary;” that the negligence, if any, of the foreman in failing to order the derrick stopped was the negligence of a fellow-servant; “ that appellee assumed the risk of the failure of the foreman to stop the derrick;” and “ that an order to a servant to do work incident to his business is not negligence.”
With what might have happened if something had been done that was not, we are not in this action concerned; whether…
2Cases cited3 opinions
- Gall v. BecksteinIllinois Supreme Court · 1898
- Beckstein v. GallAppellate Court of Illinois · 1897
- McArthur Bros. v. NordstromAppellate Court of Illinois · 1900
3Cited by2 opinions
- King v. Illinois Midland Coal Co.Appellate Court of Illinois · 1910
- Illinois Steel Co. v. McConnellAppellate Court of Illinois · 1906