{
  "id": 2829457,
  "name": "Carmelo Umina, Defendant in Error, v. H. D. Moreland Company, Plaintiff in Error",
  "name_abbreviation": "Umina v. H. D. MoreLand Co.",
  "decision_date": "1913-10-13",
  "docket_number": "Gen. No. 17,654",
  "first_page": "236",
  "last_page": "237",
  "citations": [
    {
      "type": "official",
      "cite": "182 Ill. App. 236"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 232,
    "char_count": 2833,
    "ocr_confidence": 0.543,
    "sha256": "a8304e939febf449a266487f2728dd68b00c8d6796108ed08c781750a5231a56",
    "simhash": "1:0b7ea9b3b65f9fed",
    "word_count": 486
  },
  "last_updated": "2023-07-14T17:04:20.195306+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Carmelo Umina, Defendant in Error, v. H. D. Moreland Company, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Brown\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Brown"
      }
    ],
    "attorneys": [
      "Ralph F. Potter, for plaintiff in error; Alfred T. Johnson, of counsel.",
      "Bernard P. Barasa, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Carmelo Umina, Defendant in Error, v. H. D. Moreland Company, Plaintiff in Error.\nGen. No. 17,654.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. Abthttb Deselm, Judge, presiding. Heard in this court at the October term, 1911.\nReversed with finding of facts.\nOpinion filed October 13, 1913.\nStatement of the Case.\nAction by Carmelo Umina against H. D. Moreland Company for damages for personal injuries. From a judgment for plaintiff for six hundred dollars, defendant brings error.\nAbstract of the Decision.\n1. Master and servant, \u00a7 388 \u2014when a servant assumes the rislc of injury. The common law duty to provide a safe place to work does not render a contracting company liable for injuries sustained by a servant, even if such a company was guilty of negligence in maintaining a runway over which barrows of mortar were wheeled or if such runway was rendered unsafe by mortar dropping thereon, where the conditions were apparent and the servant had been long employed under them.\n2. Master and servant, \u00a7 302*\u2014when doctrine of assumption of rislc does not apply. If an accident to a workman results from a violation of L. 1907, June 3, p. 312, J. &. A. Iff 5368-5377, as to the protection of workmen, the doctrine of assumption of risk does not apply.\n3. Master and servant, \u00a7 155*\u2014what constitutes \u201cscaffold\u201d or \u201cmechanical contrivance.\u201d The Act of June 3, 1907, J. & A. f 5368, for the protection of workmen, providing that all \u201cscaffolds\u201d or other \u201cmechanical contrivances\u201d used in the erection, etc., of buildings shall be constructed in a safe manner so as to prevent the falling of material thereon, does not apply to a runway over which barrows of mortar are wheeled from the ground into the first floor of a building about nine feet above the ground.\n4. Master and servant, \u00a7 155*\u2014what constitutes a safe place of worlc. The Act of June 3, 1907; J. & A. f[ 5368, requiring scaffolds and mechanical contrivances to be \u201cconstructed in a safe, suitable and proper manner\u201d and \u201cso constructed as to give proper and adequate protection,\u201d does not require absolute safety, but that amount of protection for employes and others working or passing about a building as is consistent with the practicable carrying on of the work; and a runway, over which barrows of mortar are wheeled into a building, consisting of a short single plank fourteen inches wide running from the ground to a wooden horse and another single plank of the same width twenty-five feet long, running from the horse up to the first floor of the building, complies with the statute.\nRalph F. Potter, for plaintiff in error; Alfred T. Johnson, of counsel.\nBernard P. Barasa, for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XIV, same topic and section number."
  },
  "file_name": "0236-01",
  "first_page_order": 260,
  "last_page_order": 261
}