Olson v. Kelly Coal Co.
Illinois Supreme Court
Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Vermilion county; the Hon. E. R. E. Kimbrough, Judge, presiding. This was an action on the case commenced in the circuit court of Vermilion county by the appellee, against the appellant, to recover damages for a personal injury sustained by the appellee while engaged in the mine of the appellant as a mule driver.
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Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Vermilion county; the Hon. E. R. E. Kimbrough, Judge, presiding. This was an action on the case commenced in the circuit court of Vermilion county by the appellee, against the appellant, to recover damages for a personal injury sustained by the appellee while engaged in the mine of the appellant as a mule driver. The case was tried upon a declaration containing three counts. The first count was based upon an alleged violation of section 18 of the Mines and Mining act, which…
1Opinion of the CourtJustice Hand
The appellant contends that the court erred in declining, upon its motion, to withdraw the common law counts of the declaration from the jury, on the ground that there was no evidence which would support a recovery thereon. We do not think the court committed reversible error in overruling said motion as there was evidence tending to support the other count of the declaration, and it clearly appears from the record that there was evidence tending to support the common law counts in the declaration, and it is settled in. this Staté' that one good count in a declaration which is supported by…
2Cases cited3 opinions
- Consolidated Coal Co. v. ScheiberIllinois Supreme Court · 1897
- Odin Coal Co. v. DenmanIllinois Supreme Court · 1900
- Davis v. Illinois Collieries Co.Illinois Supreme Court · 1908
3Cited by19 opinions
- Miller v. DeWittIllinois Supreme Court · 1967
- Scott v. Parlin & Orendorff Co.Illinois Supreme Court · 1910
- Grinestaff v. New York Central RailroadAppellate Court of Illinois · 1929
- Budds v. Keeshin Motor Express Co.Appellate Court of Illinois · 1945
- Aetitis v. Spring Valley Coal Co.Appellate Court of Illinois · 1909
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