Legal Opinion

Christiansen v. William Graver Tank Works

Appellate Court of Illinois

Decided April 10, 1906No. Gen. No. 12,319Published

Action on the case for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Axel Chytraus, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement by the Court. This is an appeal by the plaintiff from a judgment of the Superior Court in an action on the case brought by him against appellee for alleged negligence of appellee causing the loss of appellant’s right hand and a portion of his arm.

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Action on the case for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Axel Chytraus, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement by the Court. This is an appeal by the plaintiff from a judgment of the Superior Court in an action on the case brought by him against appellee for alleged negligence of appellee causing the loss of appellant’s right hand and a portion of his arm. Appellant was in the employment of appellee as a helper to the operator in charge of a large punching machine, owned and operated by appellee, and…

1Opinion of the Court

Mr. Presiding Justice Smith

delivered the opinion of the court.

There were six counts in the declaration. The first three counts averred in various ways the negligence of the defendant in properly protecting the cog-wheels and making them reasonably safe; and in the second count it is averred that the defendant was negligent in failing to warn plaintiff of the danger from the cog-wheels, which danger it is averred was known to the defendant and unknown to the plaintiff.

The fourth count alleges ■ neglect of duty on the part of the defendant in allowing the floor near the punch to become unsafe…

2Cases cited8 opinions

  1. Herrick v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
  2. Ames v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1893
  3. Wabash Railroad v. RayIndiana Supreme Court · 1898
  4. Rietman v. StolteIndiana Supreme Court · 1889
  5. Hanna v. Grand Trunk Railway Co.Appellate Court of Illinois · 1891

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