Keller v. Chicago, Wilmington & Vermilion Coal Co.

Mr. Presiding Justice Philbrick

delivered the opinion of the court.

This is an action against appellant for an injury to appellee alleged to have been caused to him by reason of the. negligence of the appellant Company by whom he was employed as a motorman on a haulage motor used in the mine of appellant Company for the movement of its cars. The trial below resulted in a judgment for $3,400.

Appellee filed a declaration with five counts; the third and fourth counts having been withdrawn from the jury by the trial court, the cause was tried upon the first, second and fifth counts.

The first count…