Herdman-Harrison Milling Co. v. Spehr

Citations

• 145 Ill. 329
• 33 N.E. 944
• 1893 Ill. LEXIS 1081

Syllabus

<p>1. Master and Servant—hazard assumed by servant. As between employer and employé the latter assumes all the usual known dangers incident to the employment or service; and he also takes upon himself the hazard of the use of defective tools and machinery, if after his employment he knows of the defect, but voluntarily continues in the employment without objection.</p> <p>2. Same—inexperienced employé in hazardous employment—duty of master. It is well settled that this general rule does not apply to employés, who from youth, or want of the natural faculties, are unable to appreciate the danger incident to the employment, or which may result from the continued use of defective machinery or tools; such employés are entitled at the hands of their employers to instructions as to the danger, and how to avoid it. In other words, they are entitled to be put into possession of that knowledge which to adults comes from experience and mature judgment.</p> <p>3. Same—-failure of master to give notice of danger. The failure of the employer to give notice of the danger and to give instructions, will not necessarily make him liable, because if it is shown that the employé had obtained such knowledge from experience or other source, before the injury, that will be sufficient. When such knowledge is shown, then he stands on the same footing as other employés.</p> <p>4. If an employé, a boy of sufficient age, and intelligence and discretion, to understand and appreciate the risk to which he is exposed, is informed of the danger and nature of the work in which he is employed, then he must be held to have assumed the ordinary hazards and perils of such employment, and he can not recover for an injury which is the result of the ordinary peril and danger of his employment.</p> <p>5. Same—instruction as to liability of master. In an action by a servant, a minor, against his employer, to recover for a personal injury received while in the discharge of his service, the proof showing him to