Springfield Boiler & Manufacturing Co. v. Parks
Illinois Supreme Court
Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. J. A. Creighton, Judge, presiding. This was an action on the case commenced by the appellee, by his next friend, in the circuit court of Sangamon county, against the appellant, to recover damages for an injury to his person alleged to have been sustained by him while in the employ of the appellant.
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Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. J. A. Creighton, Judge, presiding. This was an action on the case commenced by the appellee, by his next friend, in the circuit court of Sangamon county, against the appellant, to recover damages for an injury to his person alleged to have been sustained by him while in the employ of the appellant. The case was submitted to the jury upon a declaration containing one count, which averred the appellee was inexperienced in the particular work in which he was…
1Opinion of the CourtJustice Hand
The appellant, at the close of all the evidence, asked the court to instruct the jury to return a verdict in its favor, which the court declined to do, and the action of the court in that regard has been assigned as error and is mainly relied upon in this court as a ground of reversal.
The first ground urged as a reason why such instruction should have been given is, that the appellee assumed the rislc of being injured from the use of said swing-board while at work upon said stacks, and as he was injured while using said swing-board there could be no recovery. It is the settled law of this…
2Cases cited3 opinions
- Illinois Steel Co. v. SchymanowskiIllinois Supreme Court · 1896
- Illinois Terra Cotta Lumber Co. v. HanleyIllinois Supreme Court · 1905
- Pittsburg Bridge Co. v. WalkerIllinois Supreme Court · 1897
3Cited by20 opinions
- Krieger v. Aurora, Elgin & Chicago RailroadIllinois Supreme Court · 1909
- Wheeler v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1915
- Hagen v. SchleuterIllinois Supreme Court · 1908
- Taylor v. Los Angeles & S. L. R. Co.Utah Supreme Court · 1923
- Biggs v. Peoria & Pekin Union Railway Co.Appellate Court of Illinois · 1913
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