Carterville Coal Co. v. Abbott
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Williamson.county; the Hon. A. K. Vickers, Judge, presiding.
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Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Williamson.county; the Hon. A. K. Vickers, Judge, presiding. Plaintiff received the injury sued for in this case on May 13, 1897, at which time he was in the employ of the defendant, a coal mining corporation, as a blacksmith, and while descending the air or escapement shaft by means of a ladder, fell from the last platform to the bottom, a distance of about eleven feet. The two counts of the declaration charge the defendant, in effect, with a willful failure to construct or…
1Opinion of the CourtJustice Phillips
It was said in the case of Calumet Iron and Steel Co. v. Martin, 115 Ill. 358: “Prom the earliest reported case in our Reports where the question was passed upon, to the present time,—a period of more than thirty years,—the general rule has been declared and recognized in opinions announced from time to time, that in order to recover for injuries from negligence it must be alleged and proved that the party injured was, at the time.he was injured, observing" due or ordinary care for his personal safety,” and many cases are cited of the decisions of this court prior to that adjudication…
2Cases cited2 opinions
- Calumet Iron & Steel Co. v. MartinIllinois Supreme Court · 1885
- Bartlett Coal & Mining Co. v. RoachIllinois Supreme Court · 1873
3Cited by44 opinions
- Simmons v. Union Electric Co.Illinois Supreme Court · 1984
- Illinois Central Railroad v. LeinerIllinois Supreme Court · 1903
- Monteith v. Kokomo Wood Enameling Co.Indiana Supreme Court · 1902
- Browne v. SiegelIllinois Supreme Court · 1901
- Odin Coal Co. v. DenmanIllinois Supreme Court · 1900
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