Mallen v. Waldowski
Appellate Court of Illinois
Trespass on the Case.—Personal injuries. Appeal from the Superior Court of Cook County; the Hon. Marcus Kavanagh, Judge, presiding. Heard in this court at the October term, 1901. Appellee brought this suit to recover damages sustained, as it is claimed, through negligence of appellants, his employers. The narr. consisted of two counts.
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Trespass on the Case.—Personal injuries. Appeal from the Superior Court of Cook County; the Hon. Marcus Kavanagh, Judge, presiding. Heard in this court at the October term, 1901. Appellee brought this suit to recover damages sustained, as it is claimed, through negligence of appellants, his employers. The narr. consisted of two counts. The first count charged negligence in putting appellee at work outside of his regular employment, and upon machinery with which he was unacquainted, through which, by reason of his inexperience, he was injured, etc. The second count charged negligence in that…
1Opinion of the CourtJustice Sears
Mo other witness was called on behalf of appellee save appellee himself. He was, however, corroborated in some respects by the testimony of witnesses called by appellants. Conrad, the foreman, corroborated him in that he testified that he gave appellee some instructions, but could not recall what the instructions were. Herwald corroborated appellee as to a complaint on the day before the injury, to the effect that the saw did not Work property. There was other evidence on behalf of appellants, which, if credited, would tend to defeat a recovery. But Mallen, who testified that he had found the…
2Cases cited3 opinions
- Chicago & Northwestern Railway Co. v. DunleavyIllinois Supreme Court · 1889
- City of LaSalle v. KostkaIllinois Supreme Court · 1901
- Norton Bros. v. SczpurakAppellate Court of Illinois · 1897
3Cited by3 opinions
- National Enameling & Stamping Co. v. KinderAppellate Court of Illinois · 1906
- Ratkowski v. R. J. Kittredge & Co.Appellate Court of Illinois · 1917
- Smythe v. Charles P. Parish & Co.Appellate Court of Illinois · 1908