Legal Opinion

Horn v. Yates

Appellate Court of Illinois

Decided September 8, 1900Published

Trespass on the Case.—Death from negligent act. Appeal from the Circuit Court of Perry County; the Hon. William Hartzell, Judge, presiding. Heard in this court at the February term, 1900.

1Opinion of the CourtJustice Worthington

Appellee, widow of William Yates, sues to recover damages for the death of her husband, caused by falling into a £‘ sump ” in a coal bank, into which the water drained, charging willful negligence on the part of appellant in failing to have said ££ sump ” securely planked.

Section 8 of chapter 93, entitled Miners, provides that “ all sumps shall be securely planked over so as to prevent accidents to men.”

The deceased was a shift hand in the 'mine and had been working there about two months. Such hands hauled timbers and props to the men, shoveled dirt, cleared obstructions from the track, etc.…

2Cases cited4 opinions

  1. City Electric Railway v. JonesIllinois Supreme Court · 1896
  2. Miner v. PhillipsIllinois Supreme Court · 1866
  3. Chicago, M. & St. P. Ry. Co. v. WalshAppellate Court of Illinois · 1894
  4. First National Bank of Michigan City v. HaskellAppellate Court of Illinois · 1887

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