Legal Opinion

Smythe v. Charles P. Parish & Co.

Appellate Court of Illinois

Decided March 20, 1908No. Gen. No. 13,484Published

Action in case for personal injuries. Error to the Superior Court of Cook county; the Hon. Arthur H. Frost, Judge, presiding.

1Opinion of the CourtJustice Smith

The defendant in error, Frank E. Smythe, was employed by the plaintiff in error in its factory in operating a die press. While at work at the machine on April 20, 1899, his right hand was caught between the upper-and lower dies and so injured that he lost the middle finger and the index finger. Defendant in error sued plaintiff in error in an action on the case to recover damages for alleged negligence of plaintiff in error in permitting the machine to become out of order and in such a condition that it was apt to repeat and inflict bodily harm upon any person working at the machine.

Plaintiff…

2Cases cited3 opinions

  1. West Chicago Street Railroad v. McCallumIllinois Supreme Court · 1897
  2. Mallen v. WaldowskiAppellate Court of Illinois · 1902
  3. National Enameling & Stamping Co. v. KinderAppellate Court of Illinois · 1906

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