{
  "id": 2918198,
  "name": "Joseph Pavlak, Appellant, v. Aermotor Company, Appellee",
  "name_abbreviation": "Pavlak v. Aermotor Co.",
  "decision_date": "1917-12-28",
  "docket_number": "Gen. No. 23,168",
  "first_page": "271",
  "last_page": "272",
  "citations": [
    {
      "type": "official",
      "cite": "209 Ill. App. 271"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 224,
    "char_count": 2616,
    "ocr_confidence": 0.551,
    "pagerank": {
      "raw": 6.087085966315723e-08,
      "percentile": 0.37992234296285227
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    "sha256": "29f06388cfcfaf8142fe0d98e4e0c6d3a05ae400a8c2723c89a8dee23a22eb59",
    "simhash": "1:8b93d92f700514fd",
    "word_count": 424
  },
  "last_updated": "2023-07-14T15:09:41.322311+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Joseph Pavlak, Appellant, v. Aermotor Company, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice O\u2019Connor\ndelivered the opinion of the court.\n2. Master and servant, \u00a7 537*\u2014when declaration does not allege violation of act relating to guarding dangerous tables. Where the allegations of the declaration, in an action to recover damages for injuries sustained while plaintiff was employed in defendant\u2019s manufacturing shop, were limited .to the charge that the table on which plaintiff worked was defective, held that the allegations did not allege a violation of section 1 of the Health, Safety and Comfort Act of July 1, 1915 [Callaghan\u2019s 1916 St. Supp. 5417(1)], providing that all tables in any factory, mercantile establishment, mill or workshop shall be so located wherever possible as not to be dangerous to employees, or shall be properly inclosed, fenced or otherwise protected.",
        "type": "majority",
        "author": "Mr. Justice O\u2019Connor"
      }
    ],
    "attorneys": [
      "Knapp & Campbell, for appellant; John E. Cochran, of counsel.",
      "Judah, Willard, Wolf & Deichmann, for appellee."
    ],
    "corrections": "",
    "head_matter": "Joseph Pavlak, Appellant, v. Aermotor Company, Appellee.\nGen. No. 23,168. (Not to be reported in full.)\nAbstract of the Decision.\n1. Master and servant, \u00a7 402 \u2014when servant assumes rish of injury by flying particles of iron. Where plaintiff was injured while employed as a laborer in defendant\u2019s manufacturing shop engaged in chipping rough and uneven particles of iron and sand from iron castings laid on a table, where plaintiff did his work with an ordinary chisel and hammer, and was injured while continuing work without goggles, which a rule of defendant required its employees to wear and which defendant was accustomed to furnish but had none on hand that day, and where the table was so defective that plaintiff had refused to continue work until it was repaired, but did so on the promise of defendant\u2019s foreman to repair it at once, which he did not do, and plaintiff was thereupon injured, held, that plaintiff assumed the risk, as the table and tools with which he. worked were of the most simple construction, easily understood, and entirely familiar to him.\nAppeal from the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding.\nHeard in the Branch Appellate Court at the March term, 1917.\nAffirmed.\nOpinion filed December 28, 1917.\nStatement of the Case.\nAction by Joseph Pavlak, plaintiff, against Aermotor Company, a corporation, defendant, to recover damages for the loss of plaintiff\u2019s right eye as a result of an injury received while in defendant\u2019s employ. From a judgment for defendant- on a directed verdict at close of plaintiff\u2019s evidence, plaintiff appeals.\nKnapp & Campbell, for appellant; John E. Cochran, of counsel.\nJudah, Willard, Wolf & Deichmann, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0271-01",
  "first_page_order": 299,
  "last_page_order": 300
}