Union Show Case Co. v. Blindauer
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Edmund W. Burke, Judge, presiding. Statement of the Case. Appellee sued appellant, his employer, to recover for personal injuries sustained, as alleged, through negligence of appellant.
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Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Edmund W. Burke, Judge, presiding. Statement of the Case. Appellee sued appellant, his employer, to recover for personal injuries sustained, as alleged, through negligence of appellant. Verdict and judgment resulted in favor of appellee for the sum of $2,500. At the time of the injury appellant was engaged in manufacturing upon the third, fourth and fifth stories of a building in Chicago. Appellant rented of-George 0." Mages, and, together with Mages, used a freight elevator in the rear of the…
1Opinion of the CourtJustice Sears
Counsel for appellant contend :
First. That appellee was injured through his own negligence.
Second. That the danger which caused the injury was an assumed hazard.
Third. That there is a variance fatal to the judgment, in that the declaration avers that appellee was injured when he had occasion to use the elevator to carry freight, while the proof shows that he was not at the time so using it, but was merely assisting another employe of appellant in starting the empty elevator downward.
Fourth. That the trial court erred in admitting incompetent testimony, and in refusing to give the fifth,…
2Cases cited3 opinions
- Chicago, Rock Island & Pacific Railway Co. v. CloughIllinois Supreme Court · 1890
- McCormick Harvesting Machine Co. v. BurandtIllinois Supreme Court · 1891
- Wabash, St. Louis & Pacific Railway Co. v. CobleIllinois Supreme Court · 1885
3Cited by3 opinions
- Union Show Case Co. v. BlindauerIllinois Supreme Court · 1898
- McBeath v. RawleAppellate Court of Illinois · 1901
- Regan v. Sargent Co.Appellate Court of Illinois · 1901