Wacholz v. Homewood Press, 195 Ill. App. 635 (1915)

Dec. 21, 1915 · Illinois Appellate Court · Gen. No. 20,879
195 Ill. App. 635

Albert Wacholz, Appellant, v. Homewood Press et al., Appellees.

Gen. No. 20,879.

(Not to be reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Adelor J. Petit, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1914.

Affirmed.

Opinion filed December 21, 1915.

*636Abstract of the Decision.

1. Appeal and error, § 471 * —when objection to cross-examination insufficient to preserve ground for review. A general objection to a cross-examination not made on the specific ground that the cross-examination objected to was improper will not preserve the point urged for review.

2. Masted and servant, § 699 * —when evidence to sustain finding of contributory negligence. In an action by a servant against the master to recover for personal injuries sustained while unloading boxes from a wagon, a verdict finding plaintiff guilty of contributory negligence held not manifestly against the weight of the evidence.

Statement of the Case.

Action by Albert Wacholz, plaintiff, against the Homewood Press, a corporation, and George H. Cotter, trading as Cotter Teaming Company, defendants, in the Circuit Court of Cook county, to recover for personal injuries sustained while employed by der fendant Cotter. From a judgment for defendants, plaintiff appeals.

. It appeared that plaintiff was working near a shipping platform on which were boxes containing paper, and the charges mainly relied on were (1) that a wagon belonging to the defendant Cotter was negligently backed up to the platform against one of the boxes causing one to fall on plaintiff and injure him; and (2) that his foreman had ordered him to assist in removing the boxes against his protest that there was danger under the circumstances in so doing.

Litzinger, McGurn & Reid, for appellant.

Henry B. Bale, Rose, Symmes, & Kirkland and Charles F. Vogel, for appellees.

Mr. Justice Barnes

delivered the opinion of the court.