Legal Opinion

Carterville & Herrin Coal Co. v. Moake

Appellate Court of Illinois

Decided September 14, 1906PublishedCited by 1 opinion

Action on the case. Appeal from the Circuit Court of Williamson county; the Hon. Wabben W. Duncan, Judge, presiding. Heard in this court at the February term, 1906.

1Opinion of the Court

Mr. Presiding Justice Myers

delivered the opinion of the court.

This is an action on the case, brought by appellee against appellant, to recover damages for injuries, which, it is alleged, were caused by appellant’s wilful violation of clause (g), section 19, of the Miner’s Act (Chap. 93, Rev. Stat.). The amended declaration contained three counts, hut the plaintiff having dismissed his suit as to the first and third, the case was submitted to the jury on the issues made by the second count alone, to which the general issue was pleaded.

The jury found for the plaintiff and assessed damages…

2Cases cited1 opinion

  1. Pittenger & Davis Mining & Manufacturing Co. v. GettlemanAppellate Court of Illinois · 1906

3Cited by1 opinion

  1. McBride v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1927

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