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63 Ill. App. 49

Clark v. Murton

Appellate Court of Illinois

Decided March 3, 1896

Appellate Court of Illinois · decided 1896-03-03

Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Nathaniel C. Sears, Judge, presiding. Heard in this court at the October term, 1895.

Cited by 1 later decisions — most recently March 1898

1 state decisions

Relies on Chicago & North-Western Railway Co. v. Kane

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1896-03-03

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Mr. Presiding Justice Gary

¶1delivered the opinion of the Court.

¶2The appellee’s own version of this case defeats him. He was a carpenter working for the appellants most of the time, in a second story in their shop,' for twenty months.

¶3Hear his bench, during all the time, was an opening in the floor about two and a half by three feet, with a loose cover. Through that opening lumber ivas taken up several times each day, the appellee sometimes assisting, and sometimes himself removing the cover.

¶4Anybody who wanted lumber up, removed the cover.

¶5It had become customary to him to pay little attention to the opening.

¶6The only account he could give of how he received the injury for which he sues, is that he did not know that the hole was open and he fell through.

¶7Ho witness adds to that account anything more favorable to his case.

¶8The shop was well lighted. It is clear that his injury is the result of his own inattention, thoughtlessness, heedlessness—whatever name may be given to that state of mind which doubtless comes to most people at times of temporary obliviousness to surroundings. Whether a boy in the shop Avho Avorlced part of the time as a carpenter and part of the time as a laborer, was the one Avho remoATed the cover, and Avhether he called to the appellee to look out, are not matters material to the case. It is not Avhat others did, but Avhat the appellee did not do—that is, attend to his own safety—that prevents any recovery of damages. C. & N. W. Ry. v. Kane, 50 Ill. App. 100.

¶9The judgment is reversed and the cause remanded.

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