Morris & Co. v. Industrial Board

284 Ill. 67
CourtIllinois Supreme Court
DecidedJune 20, 1918
DocketNo. 11584
StatusPublished
Cited by4 cases

This text of 284 Ill. 67 (Morris & Co. v. Industrial Board) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morris & Co. v. Industrial Board, 284 Ill. 67 (Ill. 1918).

Opinions

Mr. Justice Farmer

delivered the opinion of the court:

This was a proceeding instituted before the Industrial Board of Illinois by defendant in error Mrs. Michael Klein against Morris & Co., plaintiff in error, to recover compensation under the provisions of the Workmen’s Compensation law for the death of her husband, Michael Klein. A hearing was had before the arbitrator, who found against plaintiff in error and in favor of Mrs. Klein. On a review by the Industrial Board, further evidence being introduced, that board also found against plaintiff in error and in Mrs. Klein’s favor. By writ of certiorari the circuit court reviewed the record and affirmed the Industrial Board’s award in all particulars. The trial judge entered of record a certificate that the cause, in his opinion, was not one proper to be reviewed by the Supreme Court. Thereafter a writ of error was sued out of this court to review the proceedings of the trial court.

The deceased was a laborer employed by Morris & Co. at the Union Stock Yards, in Chicago, having been so employed for about seven months prior to his death. It was his work to clean the floors around the tanks in the meat-boiling room in the canning department, situated on the third floor. He worked at night. On the evening of April n, 1915, he went to work about nine o’clock,—his regular time. The gang of which he was a member worked until 4:3o o’clock the following morning. It was the custom of each employee of that department, before going to work, to stop at the time office, from 125 to 150 feet from- the foot of the stairway hereinafter referred to, and procure a numbered brass check by which the employee was designated. This check was retained in the employee’s possession while he was on duty and was exhibited to the timekeeper when the latter made his rounds for the purpose of ascertaining what employees were at work. At the conclusion of their services in the morning the employees passed along the outside of the time office and deposited their checks in boxes or drawers provided therefor. Klein’s check was No. 9209. The time-keeper testified that this check was taken out on April 11, some time before nine o’clock, and that when he examined the box receptacle for these checks the following morning at 4:30 this check had not been returned. The evidence tends to show that it was put into the proper receptacle between 4:30 and 4:45 on the morning of April 12, at about the same time the checks of all the other members of the gang were turned in. No witness testified to seeing Klein after he quit work on the morning of April 12, and no one saw him deposit his check at the time office or leave the premises of plaintiff in error. From the third floor of the “old beef house” (in which the canning department was situated) there was on the outside of the building a stairway leading to the ground, about four feet wide and consisting of two flights. The upper flight descended some twelve feet to a landing about eight feet wide and four feet long. The lower flight descended from the second, floor in the opposite direction, about fourteen feet to the ground. There were railings on both sides of the stairs and the stairs were in good condition and well lighted. The employees in the canning department ordinarily used these stairs in going to and from work. Plaintiff in error’s plant is situated on the south side in Chicago, about 1000 feet from Forty-third street and Ashland avenue. The deceased, Klein, lived on the north side in Chicago at 1622 Vine street. Ingoing home he took the street car at the corner of Forty-third street and Ashland avenue and rode north to North avenue and Ashland avenue, about seven miles. On North avenue he changed cars and rode to Vine street, somewhat more than a mile. Mrs. Klein testified that on the morning of April 12 her husband arrived at home about ten minutes after six, that being about his usual time to get home when he worked a full night; that when he came in his overcoat was dirty; that he called to her, and she opened the door and had to assist him in and assist in undressing him and putting him to bed; that he stated to her he “had fell—fell himself to death.” A post-mortem examination disclosed that he had fractured ten ribs on the right side, and that one or more of the fractured ribs had. penetrated his lung, producing a condition known as emphysema. Shortly after his return home he was removed, on the advice of his physician, to a hospital, where he died April 13 as the result of the injuries in question.

There is no direct testimony by witnesses heard before the Industrial Board tending to show where and under what circumstances the injury was sustained. His wife, son-in-law and physician testified that he told them he had fallen down the stairway at plaintiff in error’s plant, heretofore described, while leaving his work. After his death a coroner’s inquest was held, and the,coroner’s jury returned the following verdict: “We find from the evidence that Michael Klein died at the Norwegian Deaconess Hospital from the effects of injuries received, and from the evidence presented, we, the jury, are of the opinion that said injuries resulted from a fall down a flight of stairs at Morris & Co.’s plant at the Union Stock Yards, as he was leaving his work on April 12, 1915, at about 5 :3o A. M.”

Counsel for plaintiff in error earnestly insist that there .is no proper evidence in the record sustaining the finding of the Industrial Board. It is claimed the testimony of the wife, son-in-law and physician concerning the statements made to them by the deceased as to how the injury occurred ■ are all hearsay and therefore incompetent. This position is sustained by Chicago and Alton Railroad Co. v. Industrial Board, 274 Ill. 336, and cases there cited.

Counsel for the defendant in error Mrs. Klein insist, however, that the finding of the Industrial Board was sustained and justified by the coroner’s verdict, while counsel for the plaintiff in error vigorously argue that the coroner’s verdict was not properly admitted in evidence. When the coroner of a coimty knows or is informed “that the dead body of any person is found or lying within his county, supposed to have come to his or her death by violence, casualty or any undue means,” he shall take charge, summon a .jury of six men of the neighborhood and inquire into the cause and manner of the death. It is the duty of the jury to inquire how, in what manner and by whom or what the dead body came to its death, all facts concerning the same and all material circumstances related to or connected with the death, and make up and sign a verdict and deliver the same to the coroner, which verdict shall be entered in a record required to be supplied by the county for that purpose. If the verdict implicates anyone as the unlawful slayer of' deceased or as an accessory thereto and such person is not in custody, the coroner shall apprehend and commit or cause to be apprehended and committed to jail such person, there to remain until discharged in due course of law. (Hurd’s Stat. 1917, chap. 31.) It is made the duty of the coroner to inquire into the cause of death where it is supposed to have resulted from “casualty” as well as where it is supposed to have resulted from “violence” or “any undue means.” Webster’s New International Dictionary defines “casualty” to mean “chance, accident, contingency; also that which comes without design or without being foreseen; an accident.” Mishap, misfortune, disaster, are given as synonyms.

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Bluebook (online)
284 Ill. 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-co-v-industrial-board-ill-1918.