North Chicago Rolling Mills Co. v. Monka
Appellate Court of Illinois
Error to the Circuit Court of Cook county; the Hon. Henry Booth, Judge, presiding. This was an action on the case, brought by Andrew Monka against the North Chicago Eolling Mills Company, to recover damages for a personal injury suffered by the plaintiff while in the employ of the defendant.
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Error to the Circuit Court of Cook county; the Hon. Henry Booth, Judge, presiding. This was an action on the case, brought by Andrew Monka against the North Chicago Eolling Mills Company, to recover damages for a personal injury suffered by the plaintiff while in the employ of the defendant. The circumstances of the injury, as disclosed by the record, are substantially as follows: The defendant at the time owned and operated a blast furnace and rolling mills in Chicago, and connected with the furnace were certain underground flues, which occasionally had to be entered by the workman for the…
1Opinion of the CourtBailey, P. J.
The first and fifth instructions given on behalf of the plaintiff fail to lay down the correct measure of care and diligence required of an employer in providing suitable and safe machinery, and other appliances for his employes. He is in no sense an insurer of the actual safety of the machinery and appliances so provided. The law imposes upon the employer only the obligation to use reasonable and ordinary care and diligence in providing suitable and safe machinery. Camp Point Manufacturing Co. v. Ballou, 71 Ill. 417. The instructions go farther than this, and require that the machinery shall…
2Cases cited3 opinions
- Camp Point Manufacturing Co. v. BallouIllinois Supreme Court · 1874
- Illinois Central Railroad v. HammerIllinois Supreme Court · 1874
- Bond v. PeopleIllinois Supreme Court · 1865
3Cited by2 opinions
- Chicago, Burlington & Quincy Railroad v. MerckesAppellate Court of Illinois · 1890
- Gartside Coal Co. v. TurkAppellate Court of Illinois · 1891