Inland Steel Co. v. Eastman (80 Ill. App. 59, 1899)

Mr. Justice Sears

delivered the opinion of the court.

This appeal is disposed of upon a consideration of one question only, viz., the right of appellee to a recovery upon all the facts disclosed. Ho evidence was presented to sustain one allegation of negligence, contained in the second of the additional counts, viz., the charge that appellant was negligent in not providing sufficient' space in which safely to work. The only evidence presented upon this point conclusively negatived any fault in this regard. Ladona, a witness for appellee, testified that “ there was lots of room on the north; did not measure it, but it was large enough,” and that the space to the south was “ about ten feet wide and over fifty feet long.” In answer to a question by the court as to the number of men who were working around that particular roll, this witness answered “ two.”

Zone, also a witness for appellee, testified: “ There were working there before he got hurt two persons; three persons were working two rolls; at the time Miniscalo was hurt there were six persons working.” Drumgoole, on behalf of appellant, testified that the space was unobstructed thirty or forty feet in front of the rolls. Brooke testified that there was a free space of forty or forty-five feet in front of the rolls. From this, the only evidence in this regard, no question is raised as to the sufficiency of the space in which the intestate worked.

There remains, then, to be considered, only the allegations of negligence in permitting a rail to be put through the rolls, when it was of improper temperature, as alleged in the first additional count, or in improper condition, as charged in one of the allegations of the second additional count.

Two questions are presented upon the evidence, first, whether there is any evidence which would warrant a jury in finding that the deflecting of the rail was caused by any particular one of the many conditions which it appears from the evidence might have caused it; and, secondly, whether the occurrence, i.