Appellant always got astride of the crossbeam and put on the grease with a brush while Tobin moved the car slowly up and down, appellee meantime giving directions to Tobin as to when to start and stop. This work of greasing the guides had been done by appellee and Tobin in the same manner in which it was being done on July 11, 1904, at the time of the accident. They provided that the helper should grease the guides while the operator moved the car up and down. The rules of appellant governing the work of the elevator men provided the manner in which this work should be done. It was necessary to keep the guides well lubricated in order that the car might slip easily and smoothly along them. Each guide engaged a groove in the structure of the car. The guides are two strips of wood or iron extending up and down the shaft, one in the middle of the north side of the shaft and the other in the middle of south side. The rules of appellant company required appellee *594to grease the guides of the elevator every Monday morning. He also operated the car frequently at other times during the day, when Tobin requested him. The plaintiff, appellee, operated the elevator every day between 11:30 and 12 noon, while Tobin was at lunch. They acted together in loading the freight from the sidewalk onto the ear, and unloading the freight from the car onto the various floors of the building. Appellee’s duties were loading and unloading freight and opening and closing the doors of the elevator shaft. Tobin’s duties were loading and unloading freight and operating the car. He had been working for appellant about nine or ten months, but for the first few months he was working on other elevators and at other work about appellant’s building in Chicago.ĭuring the four or five months immediately preceding the accident which gave rise to this suit, Tobin and appellee were together upon this car the whole of each day between eight o ’clock in the morning and five o’clock in the evening, except a half hour for luncheon. Peterson had been working upon the car as helper four or five months continuously before the date mentioned above. The operator of the elevator was one Tobin, who had been operating the car in question about two years. The plaintiff in this action for personal injury, John Peterson, was on July 11, 1904, in the employ of Sears, Roebuck & Company, appellant, as helper on a freight elevator, controlled and operated by appellant. Heard in the Branch Appellate Court at the October term, 1907.
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Appeal from the Superior Court of Cook county the Hon.
#Sears speed squeed appliances full
Where it appears that a servant had full and complete knowledge of the defect which caused his injury and appreciated the danger arising therefrom, he is deemed to have assumed the risk.Īction in case for personal injuries. Held, under the evidence in this case, that the particular servants in question, engaged in the work of greasing an elevator, were fellow-servants as a matter of l'aw. Master and servant-when relation of fellow-servants exists, as a matter of law. "They are letting Kmart and Sears die on the vine.John Peterson, Appellee, v. "They've neglected this business for so long," independent retail analyst Brian Sozzi said, adding that he expects more closings. Under Lampert, the company, once one of the most successful US retailers with a history going back to 1886, has let stores deteriorate, said analysts, who also faulted poor locations and ho-hum merchandise for its ongoing problems. Sears also disclosed on Tuesday that it tapped its credit line to borrow cash and forecast that fourth-quarter earnings would fall by more than half. The retailer, which is controlled by its chairman, the hedge fund manager Edward Lampert, has seen sales decline every year since the $US11 billion merger of the two chains in 2005, and likely faces further closings to cut expenses, preserve cash and push back against rivals such as Wal-Mart Stores Inc and, analysts said.
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Sears will close as many as 120 of its Kmart and Sears discount and department stores after its holiday sales slumped, sending its shares sliding more than 27 per cent to their lowest level in three years.