Hougland v. Avery Coal & Mining Co.
Illinois Supreme Court
Writ oe Error to the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Perry county; the Hon. B. R. Burroughs, Judge, presiding. Plaintiff in error was on and prior to February 11, 1907, possessed of and operating a coal mine in Perry county, Illinois, containing numerous entries, rooms, cross-cuts and roadways, out of which it mined and hauled, coal.
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Writ oe Error to the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Perry county; the Hon. B. R. Burroughs, Judge, presiding. Plaintiff in error was on and prior to February 11, 1907, possessed of and operating a coal mine in Perry county, Illinois, containing numerous entries, rooms, cross-cuts and roadways, out of which it mined and hauled, coal. William Stevenson and William Hougland were on said date in the employ of plaintiff in error as shot-firers, and on the afternoon of said February 11 descended into the mine for the purpose of…
1Opinion of the CourtJustice Farmer
The theory of the defendants in error on the trial of the cases was, that the explosion was caused by the shots fired igniting the dust and gases which had accumulated in the mine by reason of the failure of plaintiff in error to make the cross-cuts and keep the roadways sprinkled and cleaned as required by law. The evidence tended strongly to prove that the conditions existed in the mine as alleged in the declaration and the willful violation by plaintiff in error of the provisions of the statute as alleged. Plaintiff in error contends, and offered proof to support the contention, that a…
2Cases cited5 opinions
- Teutonia Life Insurance v. MuellerIllinois Supreme Court · 1875
- Davis v. Illinois Collieries Co.Illinois Supreme Court · 1908
- Brennen v. Chicago & Carterville Coal Co.Illinois Supreme Court · 1909
- Burnap v. WightIllinois Supreme Court · 1853
- Hollingsworth v. Chicago & Carterville Coal Co.Illinois Supreme Court · 1909
3Cited by15 opinions
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- Missouri, K. & T. Ry. Co. v. LenahanSupreme Court of Oklahoma · 1913
- Birmingham Gas Co. v. SanfordSupreme Court of Alabama · 1932
- Department of Treasury v. City of EvansvilleIndiana Supreme Court · 1945
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