Consolidated Coal Co. v. Wombacher
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;— heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. W. H. Snydeb, Judge, presiding. This was an action on the ease, by appellee, against appellant.
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Appeal from the Appellate Court for the Fourth District;— heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. W. H. Snydeb, Judge, presiding. This was an action on the ease, by appellee, against appellant. The declaration sets out that defendant, on the second day of February, 1888, at the village of Trenton, in St. Clair county, OAvned and operated a coal mine, from which it was mining coal; that it had engaged there certain employes to run mining machines, and other employes to drill and blast coal after it had been mined by the machines, and other employes to…
1Opinion of the CourtJustice Scholfield
Since, in this class of cases, our jurisdiction is limited to the determination of questions of law, our consideration of appellant’s argument must be confined to the questions:— First, is the declaration sufficient to sustain the judgment? second, can we consider whether there is a variance between the allegations and the evidence? and third, ought the court to have instructed the jury to find for the defendant ? The other parts of that argument relate wholly to the effect and weight of the evidence, and ought therefore to have been presented to the Appellate Court in a petition for…
2Cases cited5 opinions
- Chicago & Alton Railroad v. MayIllinois Supreme Court · 1883
- Lake Shore & Michigan Southern Railroad v. BrownIllinois Supreme Court · 1887
- United States Rolling Stock Co. v. WilderIllinois Supreme Court · 1886
- Cox v. BrackettIllinois Supreme Court · 1866
- City of Elgin v. KimballIllinois Supreme Court · 1878
3Cited by20 opinions
- Walters v. City of OttawaIllinois Supreme Court · 1909
- Long v. City of New BostonIllinois Supreme Court · 1982
- Postal Telegraph-Cable Co. v. LikesIllinois Supreme Court · 1907
- Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
- Kelley v. Fourth of July Mining Co.Montana Supreme Court · 1895
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