Perry v. Ricketts

Citations

• 55 Ill. 234

Syllabus

<p>Master and servant—injury to the latter through ‘negligence of the former. In October, 1869, an employee in a coal mine, while descending the shaft in a cage, was precipitated to the bottom, a distance of thirty-five or forty feet, by reason of the breaking of the rope by which the cage was being let down, and was seriousty injured. In the spring prior to the injury the rope was old and in bad condition, and was then spliced; and was again spliced in August and September of the same year. The employer was then informed it .was unsafe. The party injured had been employed at the mine only about twenty days when the accident occurred. One witness stated he told him he would be injured if he worked in the mine. The defect in the rope could not be detected by ordinary observation: Held, the use of the rope in its unsafe condition was gross negligence on the part of the employer, and he should respond in damages to his employee for the injury resulting therefrom. It was not incumbent on the latter, under the circumstances, to notify the former of the defect, which he had but slight opportunity of knowing, and notice of which had already come to the employer.</p>