Citations
- 95 Ill. App. 110
Full opinion text
Mr. Presiding Justice Creighton
delivered the opinion of the court.
This was an action in case, in the Circuit Court of St. Clair County, by appellee against appellants, to recover damages for personal injury sustained by appellee while engaged in the discharge of his duties as a servant of appellants, in their foundry. Trial was by jury. Verdict and judgment in favor of appellee for $7,000.
The declaration contained four counts, and made appellants, with certain other parties, defendants. During the trial appellee dismissed as to all defendants except appellants, and at the close of appellee’s evidence, the court directed' the jury to find for appellants as to the first, second and fourth counts. So the case went to the jury on the third count of appellee’s declaration and appellants’ plea of not guilty.
The third count is as follows:
“ And for that whereas, the defendants, on, to wit, the 8th day of September, A. D. 1899, at the County of St. Clair and State of Illinois, were possessed of and using a certain foundry plant, and were then and there engaged by their servants in moulding certain castings and parts of machinery, and in connection therewith operated a certain appliance or machine designated a rattle-box, supported by a wooden frame structure about two feet high from the ground, and which was used by the defendants for the purpose of cleaning and smoothing the surface of said castings and mouldings. And plaintiff avers that the said rattle box was operated by means of a leather belt and two pulleys, one of which was attached to the end of an iron shaft connected writh and extending through the said rattle-box, and the other pulley being attached to an iron shaft supported by means of a wooden "framework set against a certain wall and being about twelve feet high from the ground, the said pulleys being connected by the said leather belt. And the plaintiff avers that he was then and tlifere in the employ of defendants and under their direction and control, and his duties required of him that he clean and remove the sand and other rough substances from the surface of said castings and mouldings by throwing them into said rattle-box and taking them therefrom when cleaned and finished, and also to put on and throw off the belt then and there used t