Fraser & Chalmers v. Collier
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Statement op the' Case. This is an action to recover damages for personal injuries alleged to have been suffered by appellee while in the employ of appellant, in November, 1894. Appellee was employed as a laboring man, shoveling, earrying pig iron, picking up scraps, uploading sand, coke and coal, and in general work abont the yard.
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Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Statement op the' Case. This is an action to recover damages for personal injuries alleged to have been suffered by appellee while in the employ of appellant, in November, 1894. Appellee was employed as a laboring man, shoveling, earrying pig iron, picking up scraps, uploading sand, coke and coal, and in general work abont the yard. At the time of the accident he was engaged with others in sinking a Iargetanlc beside the power house, under direction of a…
1Opinion of the CourtJustice Freeman
Appellant seeks to reverse this judgment, upon the ground, first, that appellee assumed the risk; and, second, that the judgment is excessive.
The evidence does not warrant a reversal upon the ground that appellee voluntarily incurred a known danger. He was employed as an ordinary laborer about the yards. There is no evidence that he ever had any experience which would enable him to form any opinion as to the weight of the tank to be lifted, the resistance it would encounter by reason of being sunk in the soil and from the pressure of the earth caved in about it, or whether the beam was strong…
2Cases cited2 opinions
- Consolidated Coal Co. v. HaenniIllinois Supreme Court · 1893
- Hale Elevator Co. v. TrudeAppellate Court of Illinois · 1891
3Cited by1 opinion
- Vanyi v. Portland Flouring Mills Co.Oregon Supreme Court · 1912