Superior Coal & Mining Co. v. Kaiser
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. R. D. W. Holder, Judge, presiding. Appellee was employed as a coal miner by appellant, the Superior Coal and Mining Company, which operates a coal mine south-west of Belleville. Two parallel entries were being run in the mine toward the west, and were known as the fifth west entry and the sixth west entry.
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Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. R. D. W. Holder, Judge, presiding. Appellee was employed as a coal miner by appellant, the Superior Coal and Mining Company, which operates a coal mine south-west of Belleville. Two parallel entries were being run in the mine toward the west, and were known as the fifth west entry and the sixth west entry. The fifth west entry extended further to the west than the sixth. A cross-cut was being run from the fifth west entry to intercept the sixth west,…
1Opinion of the CourtJustice Vickers
It is admitted that appellee was injured by a fall of coal at the time and place alleged in the declaration. He bases his right of recovery upon the theory that his injuries are directly attributable to the carelessness and negligence of appellant in failing to exercise reasonable care and caution to provide him with a reasonably safe place in which to work, by allowing the cross-cut to be developed in advance of and so close to the rib and face of the sixth west entry as to loosen, crack and weaken the rib and face of the entry at the point where he was at work.
At the close of appellee’s…
2Cases cited2 opinions
- Western Stone Co. v. MuscialIllinois Supreme Court · 1902
- Edward Hines Lumber Co. v. LigasIllinois Supreme Court · 1898
3Cited by5 opinions
- Lassasso v. Jones Bros.Supreme Court of Vermont · 1915
- Minkkinen v. Quincy Mining Co.Michigan Supreme Court · 1912
- Farrell v. Illinois Tunnel Co.Appellate Court of Illinois · 1913
- Hammond v. Woodruff & Edwards Co.Appellate Court of Illinois · 1912
- Surinak v. Elgin, Joliet & Eastern Railway Co.Appellate Court of Illinois · 1925