Kellyville Coal Co. v. Strine
Illinois Supreme Court
Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Vermilion county; the Hon. M. W. Thompson, Judge, presiding.
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Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Vermilion county; the Hon. M. W. Thompson, Judge, presiding. This is an action in case under the mining statute to recover for injuries, sustained by a fall of rock from the face of appellee’s working place, known as room No. 11 on the third west entry off the second south main entry in mine No. 2 of appellant, on January 19, 1903, at about 10:30 o’clock A. M. The declaration alleged the injuries to have been sustained through willful failure and neglect of appellant to comply with…
1Opinion of the CourtJustice Magruder
The first, second and fourth counts of the declaration charge a willful failure to deliver timbers to appellee upon his order, and that such willful failure was the cause of the accident and injuries sustained by him. The evidence under these counts was conflicting. The issues under the third count were, whether or not there had been a failure by the appellant company to have the room examined by its mine examiner on the night preceding the accident, and whether or not there had been a failure by said examiner to place a conspicuous mark thereat as notice to all men to keep out. The evidence…
2Cases cited16 opinions
- City of Chicago v. McGivenIllinois Supreme Court · 1875
- Odin Coal Co. v. DenmanIllinois Supreme Court · 1900
- Grant v. VarneySupreme Court of Colorado · 1895
- Carterville Coal Co. v. AbbottIllinois Supreme Court · 1899
- Mt. Olive & Staunton Coal Co. v. RademacherIllinois Supreme Court · 1901
11 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Schultz v. Henry Ericsson Co.Illinois Supreme Court · 1914
- Minnis v. FriendIllinois Supreme Court · 1935
- Peebles v. O'Gara Coal Co.Illinois Supreme Court · 1909
- Mertens v. Southern Coal & Mining Co.Illinois Supreme Court · 1908
- Wawryszyn v. Illinois Central RailroadAppellate Court of Illinois · 1956
39 more not listed; retrieve them via the Exa API.