Ames & Frost Co. v. Strachurski

Citations

• 145 Ill. 192

Syllabus

<p>1. Negligence—evidence tending to show negligence. A corporation was sued by an employé for an injury resulting from negligence in failing to have a cog-wheel, near the place where the servant was required to work, properly covered. The evidence showed that the plaintiff was a boy aged about sixteen years, and that he had been working for the defendant about three years. There were at the time in defendant’s shop two boring machines and five matchers and stickers, and the plaintiff was working on one of the borers, which was about twelve feet from the matcher, in the gearing of which his hand was caught. The cog-wheel of that machine was covered only by a sheet-iron cover set over it, but not fastened, and was liable to be knocked off by hitting or pushing against it. The plaintiff, in following, in a fast walk, a boy who had taken away a stake used by the plaintiff, slipped on the floor, which was slippery, and fell, and throwing out his hand hit the cover over the wheel, knocking it off, and his hand was caught. Beld, on motion to find for the defendant, that the evidence tended to show negligence in properly guarding and covering the gearing of the matcher.</p> <p>2. Beld, also, that on such motion the slippery condition of the floor, at that point should be considered in connection with the other evidence, although the allowing of the floor to become slippery was not charged in the declaration as negligence, and could not be relied on as a substantive ground for recovery. If by reason of such condition of the. floor there was greater danger of employés losing their footing and falling against the machinery, there was greater occasion for care and diligence in so guarding the machinery as to make it safe for the workmen to be about it.</p> <p>3. Instruction—directing what the verdict shall he. The defendants requested the court to give this instruction, “now come the defendants by their attorneys, and request the court to instruct the jury that the evidence is