McCormick Harvesting Machine Co. v. Zakzewski
Illinois Supreme Court
Appear from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Willard M. McEwen, Judge, presiding. This is an action on the case, brought in the superior court of Cook county by Frank Zakzewski, the appellee, against the McCormick Harvesting Machine Company, appellant, to recover damages for a personal injury sustained by appellee while working for appellant in its lumber yard, in the city of Chicago.
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Appear from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Willard M. McEwen, Judge, presiding. This is an action on the case, brought in the superior court of Cook county by Frank Zakzewski, the appellee, against the McCormick Harvesting Machine Company, appellant, to recover damages for a personal injury sustained by appellee while working for appellant in its lumber yard, in the city of Chicago. The original declaration consisted of two counts. Each charged, in substance, that the defendant negligently had and…
1Opinion of the CourtJustice Scott
In order to recover in this case it was incumbent upon appellee to establish three propositions, viz.: First, the existence of some defect in the construction of the west stack which rendered the place at which he was ordered to work unsafe; second, that appellant, in the exercise of ordinary care, would have had knowledge of such defect; and third, that appellee did not know of the defect and did not have equal opportunities with appellant of knowing of it. Lake Erie and Western Railroad Co. v. Wilson, 189 Ill. 89; Armour v. Brazeau, 191 id. 117; Sargent Co. v. Baublis, 215 id. 428; Momence…
2Cases cited3 opinions
- Lake Erie & Western Railroad v. WilsonIllinois Supreme Court · 1901
- Browne v. SiegelIllinois Supreme Court · 1901
- Masonic Fraternity Temple Ass'n v. CollinsIllinois Supreme Court · 1904
3Cited by32 opinions
- Rahm v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1908
- Wiersema v. Lockwood & Strickland Co.Appellate Court of Illinois · 1909
- Kendrick v. Chicago & Eastern Illinois RailroadAppellate Court of Illinois · 1914
- Chicago Suburban Water & Light Co. v. HyslopIllinois Supreme Court · 1907
- Sambos v. Cleveland, Cincinnati, Chicago & St. Louis RailroadMissouri Court of Appeals · 1908
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