Miller 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.
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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 is an appeal from a judgment of the Appellate Court for the Third District affirming a judgment for $3000 rendered by the circuit court of Vermilion county in favor of appellee, and against appellant, for personal injuries sustained by appellee while working as a mule driver in the coal,mine of appellant. The declaration contained two counts. The first count charged that plaintiff was employed in defendant’s…
1Opinion of the CourtJustice Farmer
The principal contention of appellant is that the kicking by the mule was not the proximate cause of the injury, and that the trial court erred in not directing a verdict in its favor upon that ground.
Appellee testified that when the mule kicked him the first time he was standing on the bumper of the car; that he then attempted to get out of the way, but by reason of a gob next to the track extending up so high, he was unable to do so and the mule kicked him down on the ground under the car; that if it had not been for the gob he would have gotten out of the way. Appellee’s injury occurred on…
2Cases cited7 opinions
- Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
- Armour v. GolkowskaIllinois Supreme Court · 1903
- Commonwealth Electric Co. v. RoseIllinois Supreme Court · 1905
- Illinois Terra Cotta Lumber Co. v. HanleyIllinois Supreme Court · 1905
- City of Joliet v. ShufeldtIllinois Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Dowler v. New York, Chicago & St. Louis RailroadIllinois Supreme Court · 1955
- Romine v. City of WatsekaAppellate Court of Illinois · 1950
- Boatman v. MilesWyoming Supreme Court · 1921
- Haskell & Barker Car Co. v. LogermanIndiana Court of Appeals · 1919
- King v. Mid-State Freight Lines, Inc.Appellate Court of Illinois · 1955
7 more not listed; retrieve them via the Exa API.