Camp Point Manufacturing Co. v. Ballou

Citations

• 71 Ill. 417

Syllabus

<p>1. Pleading and evidence—recovery confined to the causes averred in the declaration. In an action against the employer for an injury sustained by an employee, by reason of defective machinery provided by the employer, the right of recovery is confined to the defects specified in the declaration; and it is error to instruct the jury that the plaintiff is entitled to recover, if the injury was caused by any defect or insufficiency of the machinery-.</p> <p>3. Instruction—defective, not cured by others. An instruction, given for the plaintiff, that he is entitled to recover if the injury- complained of was caused by any defect in the machinery provided by his employers, is not cured by a subsequent instruction, given for the plaintiff, that he is entitled to recover if the injury was occasioned in manner and form as charged in the declaration.</p> <p>3. Nor does the fact that instructions given for the defendant restrict the plaintiff’s right to recover, to the defects alleged in the declaration, obviate the objection to the plaintiff’s instruction that he may recover for injury caused by any- defect in defendant’s machinery.</p> <p>4. Master and servant—of the care and diligence required by master in providing machinery. As respects his duty towards an employee in his service, which involves the use of machinery, the employer is not bound to provide machinery which is absolutely safe. The law imposes upon him only the obligation to use reasonable and ordinary-care and diligence in procuring suitable and safe machinery, and if the machinery provided is reasonably safe, it is sufficient.</p> <p>5. Where an employee continues to work with machinery provided by his employer, after he has knowledge of its defects, he is deemed to have assumed the risk of such defects, at least when he has not been induced by the employer to believe that a change would be made, and does not plainly- object.</p> <p>6. Evidence—opinion of witnesses. In an action by an employee against his