Legal Opinion

Monmouth Mining & Manufacturing Co. v. Erling

Illinois Supreme Court

Decided January 16, 1894PublishedCited by 23 opinions

Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Warren county; the Hon. John J. Glenn, Judge, presiding. This is an action by appellee, against appellant, on account of personal injuries caused by a defect in machinery furnished by appellant for use in its factory where appellee was employed.

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Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Warren county; the Hon. John J. Glenn, Judge, presiding. This is an action by appellee, against appellant, on account of personal injuries caused by a defect in machinery furnished by appellant for use in its factory where appellee was employed. The injury occurred while appellee was shoveling clay out of a pan about eight feet wide and fifteen inches deep, used for the purpose of mixing and tempering the clay. The mixing and tempering were chiefly done by heavy iron wheels moving…

1Opinion of the CourtJustice Phillips

It is first insisted that there is no evidence of negligence on the part of the defendant. The principle is fully established as a rule of law, that the master is bound to exercise reasonable and ordinary care and diligence in providing and keeping in repair safe tools and machinery for the servant’s use. With this duty resting on the master, the servant accepting employment accepts it with the assumption that that duty will be complied with by the master, and has a right to assume that tools and machinery furnished for his use are safe, and will be kept in repair. The duty rests on the…

2Cases cited4 opinions

  1. Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1888
  2. Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
  3. Chicago & Northwestern Railway Co. v. JacksonIllinois Supreme Court · 1870
  4. Norway v. JensenIllinois Supreme Court · 1869

3Cited by23 opinions

  1. Hales v. PetersonUtah Supreme Court · 1961
  2. Cochran v. GritmanIdaho Supreme Court · 1921
  3. National Syrup Co. v. CarlsonIllinois Supreme Court · 1895
  4. Chicago & Alton Railroad v. MaroneyIllinois Supreme Court · 1897
  5. Tsoukas v. LapidAppellate Court of Illinois · 2000

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