Himrod Coal Co. v. Schroath

This was an action on the case by appellee as the widow of Chris. Schroath, deceased, against appellant, as the owner and operator of a coal mine in Vermilion county, Illinois, to recover damages for the death of her husband caused by a rock falling upon him from the roof of an entry of appellant’s mine where he was working; appellee claiming that the death of her husband resulted from the willful negligence of appellant.

The negligence charged in the declaration is that appellant willfully failed to have its mine examined by a duly authorized agent to determine whether there were any…