{
  "id": 872892,
  "name": "Joseph Muench v. The Standard Brewery",
  "name_abbreviation": "Muench v. Standard Brewery",
  "decision_date": "1904-04-12",
  "docket_number": "Gen. No. 11,069",
  "first_page": "512",
  "last_page": "513",
  "citations": [
    {
      "type": "official",
      "cite": "113 Ill. App. 512"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "67 Ill. App. 97",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5195108
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/67/0097-01"
      ]
    },
    {
      "cite": "64 Ill. App. 187",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5172379
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/64/0187-01"
      ]
    },
    {
      "cite": "52 Ill. App. 383",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5108564
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/52/0383-01"
      ]
    },
    {
      "cite": "137 Ill. 129",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5441089
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/137/0129-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 247,
    "char_count": 2778,
    "ocr_confidence": 0.538,
    "pagerank": {
      "raw": 1.2240919645422112e-07,
      "percentile": 0.5999907716627495
    },
    "sha256": "489ad85bd4f365f12ea9da6b041798472eed89fe43efa2a9723ba9c28b287875",
    "simhash": "1:f38b64a0ee0d9dd0",
    "word_count": 513
  },
  "last_updated": "2023-07-14T15:22:42.184794+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Joseph Muench v. The Standard Brewery."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Stein\ndelivered the opinion of the court.\nThis was an action to recover for personal injuries. Appellant being in the employ of appellee was, as he testifies, ordered by its chief engineer to go upon the roof of a shed of its brewery and assist him in putting up a smoke stack which had fallen down. The engineer having fastened' one end of a coil of wire to the stack, told appellant to \u201c go back and pull \u201d at the wire. While appellant was so engaged and standing near the edge of the roof, the wire broke and he fell from the roof to the ground, thereby sustaining the injuries sued for.\nThe jury rendered a verdict of not guilty, upon which judgment was entered. Appellant assigns various errors which we do not think it necessary to consider because, in our opinion, the proof did not show a cause of action and the trial court should have directed a verdict of not guilty as it was asked to do.\nIn Sack v. Dolese, 137 Ill. 129, an employe was injured by the giving way o\u00ed a chain attached to a brake. There being no evidence of any defect in the chain or of what caused it to part, it was held that an instruction directing a verdict for the employer was properly given. To the same effect are Coal\u2019 & Mining Co. v. Johnson, 52 Ill. App. 383; Myers v. Barge Co., 64 Ill. App. 187; Ziech v. Hebard, 67 Ill. App. 97.\nThe proof most favorable to appellant concerning the condition of the wire in question shows nothing further than that it was of iron, old, rusty and \u201cfull of kinks.\u201d We all know that a piece of iron exposed to the atmosphere becomes rusty on the surface; but mere rust does not indicate a defect. The same thing may be said of \u201ckinks.\u201d It was not even shown that the wire broke where it was rusty or where the \u201c kinks \u201d were.\nThe judgment of the Superior Court is affirmed.\nAffirmed.",
        "type": "majority",
        "author": "Mr. Justice Stein"
      }
    ],
    "attorneys": [
      "Fred W. Bentley, for appellant.",
      "F. J. Canty and J. C. M. Clow, for appellee."
    ],
    "corrections": "",
    "head_matter": "Joseph Muench v. The Standard Brewery.\nGen. No. 11,069.\n1. Errors\u2014when, deemed harmless. Errors intervening during the trial of a cause are harmless where the plaintiff, who is complaining of such errors, is not entitled, upon the entire case, to a recovery.\n2. Defective apparatus\u2014u-Zm\u00ed does not establish. Where it is claimed that injury has resulted by reason of the defective condition of a wire, which it is alleged was made of iron and was old, rusty and full of kinks, a recovery cannot be had where it does not appear that such wire was weakened thereby or that the same broke at a place where kinks existed or at a point where it was rusty.\nAction on the case for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Marcus Kavanagh, Judge, presiding Heard in the Branch Appellate Court at the March term, 1903.\nAffirmed.\nOpinion filed April 12, 1904.\nFred W. Bentley, for appellant.\nF. J. Canty and J. C. M. Clow, for appellee."
  },
  "file_name": "0512-01",
  "first_page_order": 528,
  "last_page_order": 529
}