Reports of Cases Determined in the Appellate Courts of Illinois (Volume 117)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Utica Hydraulic Cement Co. v. Whalen. Vtica Hydraulic Cement Company v. Elizabeth Whalen, Admx., etc. Gen. No. 4.393. 1. Assumed Risk?when injury deemed the result of an. Where an injury results to an employe by reason of a danger produced by himself and his associates, and it appears that it required no special experience or intelligence to see and appreciate such danger iwhich was as obvious to the employe and his associates as to any one else), the doctrine of assumed risk applies. 2. Safe Place To Work?when rule requiring muxter to furnish, docs not apply. The rule which requires a master to furnish a sale place to work does not apply to that class of cases where the work which the servant is employed to do is constantly producing changes and temporary conditions, for the time being more or less hazardous for those engaged in the work, and where it would be practically impossible to keep the conditions safe and prosecute the work. Action on the case for personal injuries. Appeal from the Circuit Court of La Salle County; the Hon. Charles A. Bishop, Judge, presiding. Heard in this court at the April term, 1904. Reversed, with finding of facts. Opinion filed November 13, 15)04. Duncan, Doyle and O'CoNOK and Me Doug All and ChapMan, for appellant. Browne and Wiley and Brewer and Stkawn. for appellee. Mr. Presiding Justice Farmer delivered the opinion of the court. This is an appeal from a judgment against appellant in an action on the case in favor of John Whalen for $1,500. This case was before this court at a former term and the judgment reversed and the cause remanded. At the first trial the court directed a verdict for defendant and plaintiff appealed. This court held that under the evidence in that record, the case should have been submitted to the...