Legal Opinion

Donk Bros. Coal & Coke Co. v. Novero

Appellate Court of Illinois

Decided September 13, 1907PublishedCited by 15 opinions

Action on the case. Appeal from the Circuit Court of Madison county; the Hon. Benjamin R. Bubboughs, Judge, presiding.

1Opinion of the CourtJustice Myers

This is an action on the case brought by appellee against appellant to recover damages for injuries to certain lots and buildings and improvements thereon alleged to have been caused by mining operations under and near the premises. Appellant owned and mined the coal underlying four lots owned by appellee in Maryville, Illinois. The substance of the charge variously stated by six counts of an amended declaration is, that appellant so mined and removed the coal from beneath appellee’s lots that the surface of the ground subsided, cracked and caved in, thereby injuring appellee’s premises and…

2Cases cited4 opinions

  1. Fitz Simons & Connell Co. v. Braun & FittsIllinois Supreme Court · 1902
  2. Wilms v. JessIllinois Supreme Court · 1880
  3. Lloyd v. Catlin Coal Co.Illinois Supreme Court · 1904
  4. Donk Bros. Coal & Coke Co. v. SlataAppellate Court of Illinois · 1907

3Cited by15 opinions

  1. Curtis v. Fruin-Colnon Contracting Co.Supreme Court of Missouri · 1952
  2. Schwartz v. City of ChicagoAppellate Court of Illinois · 1974
  3. Ariola v. NigroIllinois Supreme Court · 1959
  4. Arras v. Columbia Quarry Co.Appellate Court of Illinois · 1977
  5. Clark v. Public Service Co.Appellate Court of Illinois · 1934

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