East St. Louis Packing & Provision Co. v. Hightower

Citations

• 92 Ill. 139

Syllabus

<p>1. Negligence—liability for keeping defective machinery. A servant can not recover of his employer damages for an injury received while in the discharge of his duty, from a defect in machinery used, without showing that the employer had knowledge, or might have had knowledge, of the defect, by the use of reasonable diligence.</p> <p>2. Same—comparative. Where the plaintiff is guilty of contributory negligence he can not recover, unless it appears that his negligence was slight, and that of the defendant gross, in comparison with each other; and in instructing the jury both these terms should be used.</p> <p>3. Instruction—must have a basis in pleadings and evidence. An instruction having no basis either in the pleadings or the evidence, should not be given in a case where the evidence is conflicting.</p>