Griffin Wheel Co. v. Markus
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Trial in the Superior Court of Cook County; the Hon. Fablin Q. Ball, Judge, presiding'. Verdict and judgment for plaintiff. Appeal by defendant. This suit was brought by appellee to recover damages for personal injuries which resulted from the falling of a door in the foundry of appellant. The declaration contains two counts, one of which was filed by leave of court after the cause was upon trial.
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Trespass on the Case, for personal injuries. Trial in the Superior Court of Cook County; the Hon. Fablin Q. Ball, Judge, presiding'. Verdict and judgment for plaintiff. Appeal by defendant. This suit was brought by appellee to recover damages for personal injuries which resulted from the falling of a door in the foundry of appellant. The declaration contains two counts, one of which was filed by leave of court after the cause was upon trial. To this latter count a plea of statute of limitations was interposed, to which a demurrer was sustained. The first count in effect charges negligence of…
1Opinion of the CourtJustice Sears
delivered the'opinion of the court.
The undisputed facts are that appellee, while in the employ of appellant, was injured by the falling of a door which. operated defectively, and that Smith, the foundry foreman, knew of this condition. Appellee testified that he had no knowledge of this defective condition. It is established by the testimony, of two witnesses and denied only by one, Bruski,who does not appear to have had opportunity of knowing absolutely, that the foreman, Smith, ordered appellee to ai(l the two other laborers in forcing the door open. Appellee testifies that no warning as to…
2Cases cited2 opinions
- Chicago & Northwestern Railway Co. v. GillisonIllinois Supreme Court · 1898
- West Chicago St. R. R. v. LupsAppellate Court of Illinois · 1898