Bartlett Coal & Mining Co. v. Roach
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was an action on the case, brought by Drury D. Roach, the father, Delpha Roach, the mother, and Ctizzy A. Roach, the sister of the deceased, against the Bartlett Coal and Mining Company, to recover damages for the death of Andrew J. Roach, caused by the neglect of duty on the part of the defendant.
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Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was an action on the case, brought by Drury D. Roach, the father, Delpha Roach, the mother, and Ctizzy A. Roach, the sister of the deceased, against the Bartlett Coal and Mining Company, to recover damages for the death of Andrew J. Roach, caused by the neglect of duty on the part of the defendant. The plaintiffs recovered judgment for $800 damages in the court below, and the defendant appealed.
1Opinion of the Court
Mr. Jhstice Scott
delivered the opinion of the Court:
The single error assigned is, the court erred in refusing to grant a new trial and in rendering judgment on the verdict.
The suit was brought to recover damages for the death of Andrew J. Roach, alleged to have been caused by the wilful failure of the company to comply with the provisions of the 8th section of the act of 1872. in regard to mines, which requires “the top of each shaft shall * * be securely fenced by vertical or flat gates, properly covering and protecting the area of the shaft.”
There can be but little doubt, in view of the…
2Cited by14 opinions
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