{
  "id": 2842542,
  "name": "Joseph Wajer, Appellee, v. United States Brewing Company, Appellant",
  "name_abbreviation": "Wajer v. United States Brewing Co.",
  "decision_date": "1914-01-13",
  "docket_number": "Gen. No. 18,839",
  "first_page": "545",
  "last_page": "546",
  "citations": [
    {
      "type": "official",
      "cite": "184 Ill. App. 545"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 229,
    "char_count": 2946,
    "ocr_confidence": 0.551,
    "sha256": "3e1049f3bf5b03da448bd1c8d43f4648428bfae77180e740c7db9625e277c792",
    "simhash": "1:c1e2da3750ab444d",
    "word_count": 514
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  "last_updated": "2023-07-14T18:47:41.859813+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Joseph Wajer, Appellee, v. United States Brewing Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Clark\ndelivered the opinion of the court.\n2. Master and servant, \u00a7 561 \u2014admissibility of evidence. Under a declaration charging employer with negligence in- allowing steam to escape in the boiler room and in allowing window glass to remain broken so that cold air would cause the steam to rapidly condense, held that testimony as to the breaking of a \u201cT\u201d was erroneously admitted as no mention was made thereof in the declaration.\n3. Master and servant, \u00a7 98 \u2014statute imposing duty to guard hatchways construed. Section 4 of the Act of 1910 providing for the health, safety and comfort of employes (R. S. 1911, ch. 48, \u00b6 92, J. & A. \u00b6 5389) does not require hatchways to be fenced while in use, in addition to providing a covering therefor when not in use.\n4. Statutes, \u00a7 27 \u2014when defendant not required to plead the exception in a statute. In an action based on section 4 of R. S. ch. 48, 92, J. & A. \u00b6 5389, to recover for personal injuries resulting from falling into an open hatchway, defendant is not required to plead specially the exception mentioned in the statute.\n5. Master and servant, \u00a7 302 \u2014when doctrine of assumption of risk inapplicable. Doctrine of assumption of risk is not applicable where there has been a violation of a statute.",
        "type": "majority",
        "author": "Mr. Justice Clark"
      }
    ],
    "attorneys": [
      "George W. Miller, for appellant.",
      "John W. Sutton and Martin L. Wilborn, for appellee."
    ],
    "corrections": "",
    "head_matter": "Joseph Wajer, Appellee, v. United States Brewing Company, Appellant.\nGen. No. 18,839.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Master and servant, \u00a7 686 -\u2014when employer not negligent in providing fireman in hotter room*a safe place to work. In an action by a fireman for injuries sustained by falling in an ash pit beneath defendant\u2019s boilers, the defendant being charged with negligence in not properly guarding the pit as required by section 4 of the Act of 1910 (R. S. ch. 48, \u00b6 92, J. & A. \u00b6 5389), in permitting the steam to escape in the room and allowing broken windows to permit the cold air to come in contact with the steam so as to cause it to condense, held that the evidence did not show the statute was violated and that the mere escape of steam did not render the boiler room an unsafe place to work.\nAppeal from the Circuit Court of Cook county; the Hon. Samuel C. Stough, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1912.\nReversed.\nOpinion filed January 13, 1914.\nStatement of the Case.\nAction by Joseph Wajer against United States Brewing Company, a corporation, to recover for personal injuries sustained by plaintiff while in the employ of defendant as fireman in defendant\u2019s boiler room. Plaintiff\u2019s injuries resulted from falling into an uncovered ash pit beneath the boilers. From a judgment in favor of plaintiff for one thousand and fifty dollars and costs, defendant appeals.\nGeorge W. Miller, for appellant.\nJohn W. Sutton and Martin L. Wilborn, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV* same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number."
  },
  "file_name": "0545-01",
  "first_page_order": 569,
  "last_page_order": 570
}