#### Frank Sanvaitis, Defendant in Error, v. Swift & Company, Plaintiff in Error.

Gen. No. 19,179.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. David Stnxivan, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1913.

Reversed and. remanded.

Opinion filed March 10, 1914.

Statement of the Case.

Action by Frank Sanvaitis against Swift & Company, a corporation, to recover for personal injuries sustained by plaintiff while employed by defendant in loading cars with ice. The action was based upon defendant’s failure to furnish plaintiff a reasonably safe place to work. The facts showed that plaintiff wheeled ice to the edge of a platform and dumped it into a chute, which gave way causing him to be thrown to *386the ground and injured. Plaintiff recovered a judgment for three hundred and fifty dollars, and to reverse the judgment defendant brings error.

Abstract of the Decision.

Master and servant, § 571 * -—burden of proof in suit by servant for injuries. In an action for personal injuries sustained by plaintiff while employed by defendant in loading cars with ice, it appeared that the injury was caused hy a defective chute, which gave way when plaintiff dumped ice therein. Held that it was incumbent upon plaintiff to prove not only the defect but that he did not know of it and did not have equal opportunities with his master of knowing it, and that in the absence of such proof refusal of court to direct a verdict for defendant was error.

John Clark Baker, for plaintiff in error.

William A. Bowles and James E. Bowles, for defendant in error.

*

See Illinois Notes Digest, Vols. XI to - same topic and section number.

Mr. Justice Barnes

delivered the opinion of the court.