Hinckley v. Horazdowsky

Citations

• 133 Ill. 359
• 8 L.R.A. 490

Syllabus

<p>1, Master and servant—taking the risks of the service—employment ■of a child■—duty of the master. The master is not liable to his minor ¡servant ior risks, if the latter has sufficient capacity to take care of himself, and knows and can properly appreciate the risk. The minor ■servant may recover from his master for injuries suffered from any .peril the nature of which he did not know, or could not properly apprecíate if lie did nominally know, and to which a prudent and right-minded master would not have allowed him to be exposed. ■</p> <p>2. Where a child is employed, the employer must look out for the ■ child, and must see that it is not exposed to danger, arising from the structure of building or machinery, which an operative of ordinary intelligence and experience would perceive. Notice of danger is not. enough,—the child must have .sufficient instructions to enable him to»avoid danger.</p> <p>3. Same—evidence on the question. On the trial of an action brought-by a minor servant against the master, to recover for a personal injury-received while engaged in a dangerous service by the order of his. foreman, the fact that the servant had done the same work for sometime prior to the accident, and the number of times he had done so, are proper facts to be considered by the jury in determining whether- or not it was negligence in the foreman to require the servant to continue to do so, and also for the purpose of determining whether or not-. the injury resulted from inexperience and want of judgment, or from his own negligence. But such proof is not conclusive against his right, to recover.</p> <p>4. Same—in the case of fellow-servants. In a suit by a servant against-his master, to recover for an injury caused by negligence of a fellow-servant, in order to defeat a recovery the master must not only show' that the injury was caused by the negligence of the fellow-servant, but-also that the master had used ordinary care and prudence in employing-such fellow-servant.