Swengel v. Illinois Third Vein Coal Co.
Appellate Court of Illinois
Action in case for death caused by alleged wrongful act. Appeal from the Circuit Court of Bureau county; the Hon. Edgar Eldredge, Judge, presiding. Heard in this court at the April term, 1909. Statement Tby the Court. The Illinois Third Vein Coal Company, appellant, operated a coal mine on the long wall system, by which all the coal was removed except a block left at the shaft to support the buildings on the surface.
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Action in case for death caused by alleged wrongful act. Appeal from the Circuit Court of Bureau county; the Hon. Edgar Eldredge, Judge, presiding. Heard in this court at the April term, 1909. Statement Tby the Court. The Illinois Third Vein Coal Company, appellant, operated a coal mine on the long wall system, by which all the coal was removed except a block left at the shaft to support the buildings on the surface. The mine contained two shafts, one known as the hoisting and the other as the escapement shaft. The hoisting shaft was about four hundred feet deep, and through it the men were…
1Opinion of the CourtJustice Willis
It is urged that Milani was guilty of negligence in taking the side of the loaded track. The proof warrants the conclusion that Milani and his companions had no reason to expect that they would meet loaded cars being drawn toward the shaft at that time in the morning, and the evidence tends to show that the empty track was blocked with empties at the point where he first discovered the lead mule, and that the lead mule did not have a light on his head as was customary. Milani could not see the team coming as he would have done had there been a light on the lead mule, and it is entirely…
2Cases cited9 opinions
- Illinois Central Railroad v. SmithIllinois Supreme Court · 1904
- Lake Erie & Western Railroad v. WilsonIllinois Supreme Court · 1901
- Montgomery Coal Co. v. BarringerIllinois Supreme Court · 1905
- Illinois Terra Cotta Lumber Co. v. HanleyIllinois Supreme Court · 1905
- Herdman-Harrison Milling Co. v. SpehrIllinois Supreme Court · 1893
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3Cited by3 opinions
- Swengel v. Illinois Third Vein Coal Co.Appellate Court of Illinois · 1916
- Phillips v. Brownell Improvement Co.Appellate Court of Illinois · 1913
- Skinner v. Illinois Third Vein Coal Co.Appellate Court of Illinois · 1922