Jones & Adams Co. v. George
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. Thomas George brought this action on the case against the Jones & Adams Company to recover damages for a personal injury received by plaintiff below while engaged as a driver in the coal mine belonging to the defendant company.
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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. Thomas George brought this action on the case against the Jones & Adams Company to recover damages for a personal injury received by plaintiff below while engaged as a driver in the coal mine belonging to the defendant company. The declaration charged that the company negligently permitted the roof of the entry through which plaintiff was required to drive in hauling cars of coal from the place where it was mined to…
1Opinion of the CourtJustice Vickers
First—It is contended by appellant that the court erred in refusing to direct a verdict for appellant at the close of all the evidence. Under this assignment of error four reasons are urged: First, that appellee assumed the risk; second, that appellee was guilty of contributory negligence, which precludes a recovery; third, that the injury is attributable to the negligence of a fellow-servant; fourth, that there was a fatal variance between the declaration and the proofs.
The evidence shows that the entry in which appellee was hurt was about eight feet wide and about four feet and six inches…
2Cases cited4 opinions
- Missouri Furnace Co. v. AbendIllinois Supreme Court · 1883
- Browne v. SiegelIllinois Supreme Court · 1901
- City of Chicago v. O'BrennanIllinois Supreme Court · 1872
- Barbour County v. HornSupreme Court of Alabama · 1872
3Cited by38 opinions
- Peterson v. Lou Bachrodt Chevrolet Co.Illinois Supreme Court · 1979
- Fitzsimons v. National Tea Co.Appellate Court of Illinois · 1961
- McCarthy v. Spring Valley Coal Co.Illinois Supreme Court · 1908
- Claffy v. Chicago Dock & Canal Co.Illinois Supreme Court · 1911
- Daniels v. CelesteMassachusetts Supreme Judicial Court · 1939
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