Webster Manuf'g Co. v. Mulvanny

• Decision Date: 01 November 1897
• Citation: 168 Ill. 311,48 N.E. 168
• Parties: WEBSTER MANUF'G CO. v. MULVANNY.
• Court: Illinois Supreme Court

168 Ill. 311

48 N.E. 168

WEBSTER MANUF'G CO.

v.MULVANNY.

Supreme Court of Illinois.

Nov. 1, 1897.

Appeal from appellate court, First district.

Case by Patrick Mulvanny, administrator of the estate of John Mulvanny, deceased, against the Webster Manufacturing Company. From a judgment of the appellate court affirming a judgment in favor of plaintiff (68 Ill. App. 607), defendant appeals. Affirmed.

Rich & Stone, for appellant.

O'Donnell & Coghlan, for appellee.

In October, 1892, the Webster Manufacturing Company was making certain improvements and additions to its factory in Chicago, including which was the placing in of a new engine. An iron steam pipe, 10 inches in diameter, and about 100 feet long, carried the steam from the boilers to this engine. The engine had been run for several days by the contractors who had installed it, and had just been turned over to appellant. Other work was still progressing in connection with the additions and improvements being made by this company; and one John Mulvanny, the deceased, who was in the employ of the Hambling Plumbing Company, was engaged in doing certain plumbing work. The Hambling Plumbing Company had a contract with the Webster Manufacturing Company, and Mulvanny, being one of its employés, was rightfully at the place of his employment when the accident occurred. The engineer of appellant, on the morning of October 27, 1892, started up the new engine, and almost immediately the 10-inch steam pipe connceting the engine with the boilers burst. Mulvanny was at the time engaged in digging a trench very close to the steam pipe, and, as a result of the explosion, he received such injuries as caused his death. This action was brought by the administrator of John Mulvanny, deceased, for the recovery of the pecuniary loss sustained by the next of kin. The jury in the trial court returned a verdict in favor of the plaintiff for $2,500. On appeal to the appellate court this judgment was affirmed, and this case comes to this court by appeal.

PHILLIPS, C. J. (after stating the facts).

It is not entirely apparent from this record whether this accident, which resulted in the death of appellee's intestate, occurred from the explosion of a defective steam pipe of which appellant had no knowledge, from the carelessness or incompetency of the engineer of appellant, or from some unavoidable accident, which appellant could not guard against. This question, however, has been fully and completely settled...