Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois Volume 196 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ... his employment be not XP5ed to unreasonable risks or dangers; and a servant has 3' right to understand that the master will exercise that diligence in protecting him from injury. (City of Lasaue v. Kostlca, supra; Illinois Steel Co. v. Schymanowski, 162_In' 447). But, at least three instructions, to-wit, instruct10115 numbered 11, 14 and 16, were given for the aPPeuant_at its request, which cured the error in the refusal Of 1"' struction numbered 15, if there was any error in 5_"ch refusal. Without deciding whether or not instructions numbered 11, 14 and 16, as given for the appellant, 1'-ld down the law correctly, it is sufficient to say that, bl' their terms, the jury were told that, if Walsh W65 aP' prised of danger by the blowing out of the niPP1e1 or the escaping of gas, it was his duty to cease W01'k on the building. Instruction numbered 18, asked by the appellant and refused, is as follows: "You are instructed that the steel company, defendant herein, is not to be held liable for any case of acci dent, nor is it to be held liable to any person who may be injured, or to his widow or next of kin in case of death, except in case be proven by a preponderance of the evidence, that some act or acts of negligence on the part of the steel company or its ofiicers or agents, and you are further instructed that, if, from the evidence, you shall believe Patrick Conlon was the assistant superintendent of the Illinois Steel Company, and, as such assistant superintendent, was in charge of, and superintending the removal of, this bosh plate, which caused the injury, and if from the evidence you further believe that the said Coulon was exercising all of the care which, in his judgment, as such superintendent, ...