Legal Opinion

Merlo v. Johnston City & Big Muddy Coal & Mining Co.

Appellate Court of Illinois

Decided March 21, 1912Published

Action in case for death caused by alleged wrongful act. Appeal from the Circuit Court of Williamson, county; the Hon. W. W. Duncan, Judge, presiding. Heard in this court at the October term, 1911.

1Opinion of the CourtJustice Shirley

Appellee recovered a judgment for damages claimed to have been sustained by her on account of the death of her husband, Frank Merlo, which occurred in the coal mine of appellant where he was employed as a miner.

Numerous errors are assigned upon the record hut the argument of counsel for appellant is confined to the refusal of the court at the close of the evidence to direct a verdict for appellant. This ig a waiver of all other alleged errors (Joliet R. R. Co. v. Linn, 93 App. 535; Hardin v. City of Chicago, 186 Ill. 424; Keyes v. Kimmel, 186 Ill. 109) and presents the sole question whether…

2Cases cited5 opinions

  1. Kellyville Coal Co. v. StrineIllinois Supreme Court · 1905
  2. Peebles v. O'Gara Coal Co.Illinois Supreme Court · 1909
  3. Keyes v. KimmelIllinois Supreme Court · 1900
  4. Basickas v. BasickasOhio Court of Appeals · 1953
  5. Hardin v. City of ChicagoIllinois Supreme Court · 1900

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