Author: Martin L. NewellPublisher: Forgotten Books
ISBN: 9780265010006
Category : Law
Languages : en
Pages : 708
Book Description
Excerpt from Reports of Cases Decided in the Appellate Courts of the State of Illinois, Vol. 66: At the March and October Terms, 1896, of the First District, the December Term, 1895, of the Second District, and the February Term, 1896, of the Fourth District In the case of C., B. Q. R. R. Co. V. Abend, 7 111. App. 130, the facts were that an engineer stopped his engine upon a bridge, and attempted to oil and examine the engine, and while so doing fell from the bridge. It was claimed the company was negligent in not providing a suitable platform to walk upon, and also in allowing the projection of spikes above the timbers of the bridge. In its opinion the court say: The bridge was sufficient for the use for which it was intended. But it was voluntarily used by the engineer for a purpose not necessary and not required by the regula tions of the company. While the master must use ordinary care to provide reasonably safe and fit appliances and structures for the use of the servant, yet he is not bound to provide against danger arising from the unnecessary use of such appliances and structures for purposes to which the same are not adapted and designed. We think this language is entirely applicable in the case at bar. -the deceased not only attempted to use the brake staff for a purpose to which it was not adapted, and for which it was not designed, but did so when there was no necessity therefor, in violation of a plain rule Of the com pany, and under circumstances which any man of ordinary sense could see were fraught with great danger to his per sonal safety. A careful examination of the evidence satisfies us that the verdict of the jury was unwarranted, and the court erred in not setting it aside. We think further that the court should have sustained the motion to take the case from the jury and direct a verdict for the defendant. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
