Vogler v. Chicago & Carterville Coal Co.

Mr. Presiding Justice McBride

delivered the opinion of the court.

The appellee recovered a judgment against appellant for $650, which it is sought to reverse by this appeal. This case has been tried twice in the Circuit Court and was in this court at the March Term, 1913, and is reported in the case of Vogler v. Chicago & C. Coal Co., 180 Ill. App. 51. At the former trial a verdict and judgment was obtained for $1,500, which was reversed by this court because in that case damages were claimed and, as we thought, a verdict rendered for a permanent injury to the land, when the appellee was…