McCarthy v. Spring Valley Coal Co.
Illinois Supreme Court
Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Bureau county; the Hon. R. M. Skinner, Judge, presiding. This is an action on the case in the circuit court of Bureau county to recover damages for personal injury sustained in the appellant’s coal mine.
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Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Bureau county; the Hon. R. M. Skinner, Judge, presiding. This is an action on the case in the circuit court of Bureau county to recover damages for personal injury sustained in the appellant’s coal mine. The negligence charged in the first and second counts of the declaration is, that appellant permitted the entry where the injury occurred to be and remain in an unsafe and dangerous condition and negligently permitted the roof thereof to become cracked and broken and in danger of…
1Opinion of the CourtJustice Dunn
It is insisted that there is no evidence fairly tending to prove the negligence charged in the declaration. Appellee was employed by appellant as a driver and worked in the mine at night. About three o’clock in the afternoon of August 14,. 1906, he entered the mine and was informed by the night boss that he would have men at the face of the coal in a certain entry and in a gob-room. It then became appellee’s duty to go to the face of the coal in that entry and haul out to the gob-room such cars loaded with rock and earth as the men might have ready for him. He made three trips before supper.…
2Cases cited2 opinions
- Jones & Adams Co. v. GeorgeIllinois Supreme Court · 1907
- Himrod Coal Co. v. ClarkIllinois Supreme Court · 1902
3Cited by61 opinions
- Opp v. PryorIllinois Supreme Court · 1920
- Gillson v. Gulf, Mobile & Ohio RailroadIllinois Supreme Court · 1969
- Smithers v. HenriquezIllinois Supreme Court · 1938
- Kitsch v. GoodeAppellate Court of Illinois · 1977
- Nelson v. Union Wire Rope Corp.Appellate Court of Illinois · 1963
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