Summary
In Greene, an employee given medication for an illness which occurred while she was at work had convulsions and a shoulder injury as a result.
Summary of this case from Komel v. Commonwealth Edison Co.Opinion
Gen. No. 41,855. (Abstract of Decision.)
Opinion filed December 9, 1942 Rehearing denied January 15, 1943
WORKMEN'S COMPENSATION, §§ 37, 39fn_ — when injury resulting from medicine given drug-store employee arises out of and in course of employment. Where, in personal-injury action by cashier in defendant's drug store, it appeared that plaintiff became ill while at work; that, in order that she might go on with her work, she asked for medicine which was given her by fellow employees; that medicine given her contained excessive amount of strychnine, and that, in consequence, she suffered spasms and convulsions as result of which she fell from table, in defendant's store, on which employees had placed her and thereby severely injured her shoulder, held that, as matter of law, plaintiff's injury arose out of and in course of her employment, with result that her remedy was under Workmen's Compensation Act and not by action in tort.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. WALTER T. STANTON, presiding.
Judgement affirmed. Heard in third division, first district, this court at October term, 1941.
Thomas C. Hollywood and Lloyd T. Bailey, for appellant;
Joseph W. Bailey, of counsel;
Lord, Bissell Kadyk, for appellee; Bruce S. Parkhill, of counsel.
"Not to be published in full." Opinion filed December 9, 1942; rehearing denied January 15, 1943.