Davis v. Missouri & Illinois Coal Co.

Mr. Presiding Justice McBride

delivered the opinion of the court.

The appellee recovered a judgment in the Circuit Court of St. Clair county, Illinois, for one thousand five hundred dollars on account of an injury received by him on October 26,1912, and while engaged at work as a miner in appellant’s coal mine, which judgment appellant seeks by this appeal to reverse.

The declaration in this case consists of three statutory counts and one common-law count. The first count charges that appellant on the day aforesaid, and. for twelve hours preceding the same, wilfully failed to have its mine…