Elliott v. Carlson

Appellate Court of Illinois

Elliott v. Carlson

54 Ill. App. 470, 1894 Ill. App. LEXIS 141

CourtAppellate Court of Illinois

DecidedJune 18, 1894

StatusPublished

Cited by1 cases

This text of 54 Ill. App. 470 (Elliott v. Carlson) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Elliott v. Carlson, 54 Ill. App. 470, 1894 Ill. App. LEXIS 141 (Ill. Ct. App. 1894).

Pincite

Opinion

Mr. Justice Waterman

delivered the opinion of the Court.

This was an action for damages to the plaintiff arising from his walking off a platform around which there was no railing. It appears from the undisputed evidence in this case that there was no railing around the platform off which appellant walked, and this was open, undisguised, patent to view. Appellant walked over this platform when he went into the house, and if he did not see its condition or was heedless when he came out, it was his own fault.

If the stairway was unsafe because of the absence of a railing, appellant should not have used it if he did not care to incur the obvious risk.

The rule applicable to this case as to the risk assumed by parties who for their own purposes go upon the premises of others, will be found stated in Chapin & Core v. Walsh, 37 Ill. App. 526, and Gibson, Parish & Co. v. Sziepienski, 37 Ill. App. 601.

The judgment of the Circuit Court is affirmed.

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