Legal Opinion

Kirk v. Senzig

Appellate Court of Illinois

Decided December 23, 1898PublishedCited by 8 opinions

Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. This is an action to recover damages for personal injury. The appellee was a laborer employed in the basement of the factory building of appellants, who are manufacturers of soap. His ordinary employment was to assist one Schultz, another employe, from whom he received orders.

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Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. This is an action to recover damages for personal injury. The appellee was a laborer employed in the basement of the factory building of appellants, who are manufacturers of soap. His ordinary employment was to assist one Schultz, another employe, from whom he received orders. In filling frames or boxes with fresh soap; and loading it upon an elevator, a certain quantity of the newly-made soap is “ spilled ” over the floor, and in cleaning up, some of it runs…

1Opinion of the Court

Mr. Presiding Justice Freeman

delivered the opinion of the court.

Appellants contend that appellee voluntarily assumed the risk of the injury of which he complains.

On the whole evidence we do not think it at all clear that appellee intended to assume the risk or injury from the descent of the elevator. The foreman, Schultz, testifies that he had at other times told the elevator man that appellee was in the bottom of the shaft. On this occasion he did not do so. There is no sufficient evidence that appellee was aware of his failure in this respect. He was told to “ watch out for himself.”…

2Cases cited5 opinions

  1. Chicago & Alton Railroad v. MayIllinois Supreme Court · 1883
  2. Cribben v. CallaghanIllinois Supreme Court · 1895
  3. Lambert v. BordenAppellate Court of Illinois · 1882
  4. West Chicago St. R. R. v. JohnsonAppellate Court of Illinois · 1897
  5. William Graver Tank Works v. McGeeAppellate Court of Illinois · 1895

3Cited by8 opinions

  1. Lohman v. Swift & Co.Supreme Court of Minnesota · 1908
  2. Brewer & Hoffmann Brewing Co. v. HermannAppellate Court of Illinois · 1900
  3. Arnold v. KilchmannAppellate Court of Illinois · 1899
  4. Fidelity & Casualty Co. v. OehneAppellate Court of Illinois · 1901
  5. McLaine v. Head & Dowst Co.Supreme Court of New Hampshire · 1902

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