Consolidated Coal Co. of St. Louis v. Scheiber
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Madison County; the Hon. Benjamin R. Burroughs, Judge, presiding. Heard in this court at the February term, 1896. Statement oe the Case. The appellant owned and operated a coal mine near Collinsville, in Madison county, called the Henitz Bluff Mine. Appellee was employed in the mine as a driver, and had been so employed for about five months before he was injured.
Read the full summary
Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Madison County; the Hon. Benjamin R. Burroughs, Judge, presiding. Heard in this court at the February term, 1896. Statement oe the Case. The appellant owned and operated a coal mine near Collinsville, in Madison county, called the Henitz Bluff Mine. Appellee was employed in the mine as a driver, and had been so employed for about five months before he was injured. For about nineteen months prior to the time he began to drive, he had been employed there as a “ trapper,” whom appellee defines to be a person who goes…
1Opinion of the CourtJustice Sample
The appellant contends, first, that there is not a good count in the declaration; second, that the injury was the result of one of the usual risks of the service; third, that the court erred in not excluding certain evidence referred to in the statement, in not instructing the jury to find for the defendant, and in permitting counsel for plaintiff in the argument to the juiy to refer to and base an argument upon the failure of the timberman to testify.
If it is assumed the first three counts fall within the rule of law laid down in Con. Coal Co. v. Young, 24 Ill. App. 255, and Same v.…
2Cases cited6 opinions
- Chicago City Railway Co. v. JenningsIllinois Supreme Court · 1895
- Winchell v. EdwardsIllinois Supreme Court · 1870
- Consolidated Coal Co. v. SchellerAppellate Court of Illinois · 1892
- Consolidated Coal Co. v. YungAppellate Court of Illinois · 1887
- Chicago & Eastern Illinois Railroad v. RungIllinois Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bean v. Ross Manufacturing CompanySupreme Court of Missouri · 1961
- Chicago & Eastern Illinois R. R. v. ClemingerAppellate Court of Illinois · 1898
- Consolidated Coal Co. v. BokampIllinois Supreme Court · 1899
- Dix v. JaquayAppellate Division of the Supreme Court of the State of New York · 1904
- Consolidated Coal Co. v. CarsonAppellate Court of Illinois · 1896
1 more not listed; retrieve them via the Exa API.