Wells & French Co. v. Kapaczynski
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. This was an action on the case brought by the appellee, against appellant, to recover for personal injuries.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. This was an action on the case brought by the appellee, against appellant, to recover for personal injuries. The substantial averments in the declaration are, that the defendant was possessed of, using, controlling and operating a certain factory, building and plant, commonly called “car shops,” which then and there contained certain machinery, operated by steam power, used and operated in the conduct of the business of…
1Opinion of the CourtJustice Wilkin
Appellant relies upon two propositions for a reversal in this court: First, that, by plaintiff’s own testimony he was told by the foreman that he could take his choice of going ahead and doing the work or going home, and it is said that if he chose to remain and go on with the work he did so at his own risk, and that the only constraint under which he proceeded was moral constraint, which the law does not and cannot recognize, and that there is no legal coercion; and second, that the claim of the plaintiff of assurance of safety cannot be applied to the case, for the reason that the plaintiff…
2Cases cited2 opinions
- Chicago Anderson Pressed Brick Co. v. SobkowiakIllinois Supreme Court · 1894
- Supple v. AgnewIllinois Supreme Court · 1903
3Cited by5 opinions
- Vandalia Railroad v. KendallIndiana Court of Appeals · 1918
- Hayward v. SencenbaughIllinois Supreme Court · 1908
- John Mohr & Sons v. MartewiczAppellate Court of Illinois · 1908
- Schantz v. Northern Pacific Railway Co.North Dakota Supreme Court · 1920
- Walther v. Chicago & Alton RailroadAppellate Court of Illinois · 1912