Donk Bros. Coal & Coke Co. v. Lucis
Illinois Supreme Court
Writ oE Error to the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. R. D. W. Holder, Judge, presiding. Stan Lucís brought this action in case against Donk Bros.
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Writ oE Error to the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. R. D. W. Holder, Judge, presiding. Stan Lucís brought this action in case against Donk Bros. Coal and Coke Company to recover damages for a personal injury, under the Mining statute, based on the alleged willful failure of the mining company and its managers to deliver to defendant in error props of sufficient length and dimensions with which to prop the roof of his room. There were two counts in the declaration, in the first of which it is alleged…
1Opinion of the CourtJustice Vickers
It is first contended, that the court erred in admitting in evidence testimony tending to prove that defendant in error made a demand for props upon the driver, the evidence not showing that such request was communicated to the mine manager; and as a subordinate proposition it is contended that the court erred in refusing to withdraw the second count from the consideration of the jury, for the reason that there was no competent evidence in the record tending to sustain it.
The judgment of the Appellate Court affirming the judgment of the circuit court determines every controverted question of…
2Cases cited2 opinions
- Henrietta Coal Co. v. MartinIllinois Supreme Court · 1906
- Donk Bros. Coal & Coke Co. v. PetonIllinois Supreme Court · 1901
3Cited by3 opinions
- Stith Coal Co. v. SanfordSupreme Court of Alabama · 1915
- Yanloniz v. Spring Valley Coal Co.Appellate Court of Illinois · 1914
- Dickerson v. Henrietta Coal Co.Appellate Court of Illinois · 1910