Adams & Westlake Co. v. Indus. Comm'n

• Decision Date: 21 April 1920
• Docket Number: No. 13119.,13119.
• Citation: 127 N.E. 168,292 Ill. 590
• Court: Illinois Supreme Court
• Parties: ADAMS & WESTLAKE CO. v. INDUSTRIAL COMMISSION et al.

292 Ill. 590

127 N.E. 168

ADAMS & WESTLAKE CO.

v.INDUSTRIAL COMMISSION et al.

No. 13119.

Supreme Court of Illinois.

April 21, 1920.

Error to Circuit Court, Cook County; Oscar M. Torrison, Judge.

Proceedings for compensation for injuries under the Workmen's Compensation Act by Bernard Bassman, the employé, opposed by the Adams & Westlake Company, the employer. Compensation was awarded by the Industrial Commission, the award confirmed by the circuit court, and the employer brings error.

Judgment of the circuit court reversed, and award of the Industrial Commission set aside.

Charles E. Selleck and George A. Bruegger, both of Chicago, for plaintiff in error.

A. H. Ranes and Corinne L. Rice, both of Chicago, for defendant in error.

THOMPSON, J.

This writ of error is prosecuted by leave of court to review a judgment of the circuit court of Cook county affirming a decision of the Industrial Commission awarding to Bernard Bassman, defendant in error, compensation for injuries received while in the employ of the Adams & Westlake Company, plaintiff in error.

Bassman was employed by plaintiff in error as an experienced punch-press hand and had been working for it about two weeks before he was accidentally injured. He was 17 years of age. His compensation was determined by the number of pieces punched, with a guaranty of a minimum of 27 cents an hour if his piecework did not amount to that much. During his employment he had not turned out more work than the minimum, so it was stipulated that his compensation was $14.58 a week-six nine-hour days at 27 cents an hour. The presses of plaintiff in error were equipped with automatic registers, which showed the number of pieces punched by each machine. Bassman was assigned to a press to stamp out cups for lantern tops. About 15 minutes before quitting time on the day of the accident, the register on his machine showed that he had stamped out 8,000 cups. He considered this a full day's work and stopped his press. Johnson, the operator of the machine immediately next to the one operated by Bassman, left his machine and went to the office. Bassman out of curiosity attempted to operate Johnson's machine, but at the first attempt his left hand was caught in the press and his fingers were cut off. The machines were similar, but the die used in the Johnson machine was different from the one used in the machine operated by Bassman. The machine of the latter was equipped with a guard which protected the hand, but there was no such guard on the blanking...