Barnett & Record Co. v. Schlapka
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Peoria county; the Hon. N. E. Worthington, Judge, presiding.
Read the full summary
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Peoria county; the Hon. N. E. Worthington, Judge, presiding. This suit was an action on the case brought by appellee, against appellant, in the circuit court of Peoria county, where, -at the September term, 1902, a trial was had before a jury and a verdict rendered in favor of appellee for $3760. Motions for a new trial and in arrest of judgment having been made and overruled, judgement was entered on the verdict, and appellant appealed to the Appellate .Court for the Second…
1Opinion of the CourtJustice Scott
The evidence in this case, the substance of which is recited in the foregoing statement of facts, tends to prove that the master did not exercise ordinary care to provide a reasonably safe place for the servant to work in; that the master had knowledge of the danger; that the servant did not know of the danger and had not equal means of knowing with the master. The peremptory instruction was therefore properly refused. Lake Erie and Western Railroad Co. v. Wilson, 189 Ill. 89; Momence Stone Co. v. Turrell, 205 id. 515; Western Stone Co. v. Muscial, 196 id. 382.
The danger was latent in its…
2Cases cited4 opinions
- Simmons v. Chicago & Tomah RailroadIllinois Supreme Court · 1884
- Lake Erie & Western Railroad v. WilsonIllinois Supreme Court · 1901
- Illinois Central Railroad v. ReadIllinois Supreme Court · 1865
- Ross v. ShanleyIllinois Supreme Court · 1900
3Cited by13 opinions
- Cosden Pipe Line Co. v. BerrySupreme Court of Oklahoma · 1922
- Hansell-Elcock Foundry Co. v. ClarkIllinois Supreme Court · 1905
- Greenway v. Taylor CountySupreme Court of Iowa · 1909
- Village of Montgomery v. RobertsonIllinois Supreme Court · 1907
- Baltimore & Ohio Railroad v. KeiserIndiana Court of Appeals · 1911
8 more not listed; retrieve them via the Exa API.