Eldorado Coal & Coke Co. v. Swan
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Saline county; the Hon. William N. Butler, Judge, presiding. This is an action on the case brought by appellee, against appellant, in the circuit court of Saline county, to recover damages said to have been sustained by appellee through the alleged willful failure of appellant to comply with section 28 of the Mines and Miners act.
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Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Saline county; the Hon. William N. Butler, Judge, presiding. This is an action on the case brought by appellee, against appellant, in the circuit court of Saline county, to recover damages said to have been sustained by appellee through the alleged willful failure of appellant to comply with section 28 of the Mines and Miners act. (Hurd’s Stat. 1905, P- I392-) The section of the act alleged to have been willfully violated by appellant is as follows: “Sec. 28. (a)—At every shaft…
1Opinion of the CourtJustice Vickers
Error is assigned on the refusal of the court to direct a verdict at the close of all the evidence. This assignment presents the question whether there is any evidence fairly tending to establish the material averments in either count of the declaration. Aside from matters of inducement the material averments in the first count are: (1) That appellant failed to comply with the statute in regard to maintaining a light at the bottom of the shaft; (2) that its failure in this regard was willful; and (3) that appellee was injured as a direct result of this willful failure on the part of…
2Cases cited5 opinions
- Odin Coal Co. v. DenmanIllinois Supreme Court · 1900
- Carterville Coal Co. v. AbbottIllinois Supreme Court · 1899
- Catlett v. YoungIllinois Supreme Court · 1892
- Bartlett Coal & Mining Co. v. RoachIllinois Supreme Court · 1873
- Marquette Third Vein Coal Co. v. DielieIllinois Supreme Court · 1904
3Cited by28 opinions
- Smithers v. HenriquezIllinois Supreme Court · 1938
- Mithen v. JefferyIllinois Supreme Court · 1913
- Pinkerton v. Oak Park National BankAppellate Court of Illinois · 1958
- Williams v. Consumers Co.Illinois Supreme Court · 1933
- Cook v. Big Muddy-Carterville Mining Co.Illinois Supreme Court · 1911
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