Opinion
Gen. No. 43,056. (Abstract of Decision.)
Opinion filed February 16, 1948 Rehearing denied March 2, 1948 Released for publication March 2, 1948
EVIDENCE, § 802 — inferences by jury from undisputed facts. In action for personal injuries alleged to have been sustained by plaintiff when struck by piece of steel from head of hatchet used in removing linoleum from defendant's building in which plaintiff was working, where evidence tended to show negligence in improper use of hatchet and in failing to provide proper warning or safeguards which would have prevented injury, in absence of any testimony in defense of action or conflict in evidence as to any material fact, any inferences to be drawn from undisputed facts, as to defendant's negligence, was primarily question for jury.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOHN F. HAAS, Judge, presiding.
Affirmed. Heard in the first division, first district, this court at the April term, 1944.
Hinshaw Culbertson, for appellant;
Oswell G. Treadway, of counsel;
Hy Smoller and Marion J. Hannigan, for appellee.
Not to be published in full. Opinion filed February 16, 1948; rehearing denied March 2, 1948; released for publication March 2, 1948.