Himrod Coal Co. v. Clark
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. H. VanSellar, Judge, presiding'. This is a suit, brought in the name of the administrator, for the benefit of the widow and next of kin, for the alleged wrongful neglect of appellant to keep the roof of the entry or roadway in its mine near a certain room 11 therein in a reasonably safe condition, by propping the same, or otherwise making…
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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. H. VanSellar, Judge, presiding'. This is a suit, brought in the name of the administrator, for the benefit of the widow and next of kin, for the alleged wrongful neglect of appellant to keep the roof of the entry or roadway in its mine near a certain room 11 therein in a reasonably safe condition, by propping the same, or otherwise making it secure for the employes to work under it. The new declaration, which was filed on October 15, 1900, alleges that the…
1Opinion of the CourtChief Justice Magruder
First—The first contention of the appellant is, that the declaration fails to state a cause of action. The declaration is alleged to be framed upon the theory, that it was the duty of the appellant to prop the roof of its mine, or of the entries therein, whereas it is claimed that no such duty is imposed by the common law, or by the statute. Appellant first demurred to the declaration, and, its demurrer being overruled, filed the plea of the general issue. By thus pleading it waived any objection to the declaration, unless the declaration is so defective that it will not sustain the judgment.…
2Cases cited6 opinions
- Chicago & Eastern Illinois Railroad v. DriscollIllinois Supreme Court · 1898
- Chicago & Eastern Illinois Railroad v. KneirimIllinois Supreme Court · 1894
- Edward Hines Lumber Co. v. LigasIllinois Supreme Court · 1898
- Kipp v. LichtensteinIllinois Supreme Court · 1875
- Misch v. McAlpineIllinois Supreme Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- McCarthy v. Spring Valley Coal Co.Illinois Supreme Court · 1908
- Illinois Terminal Railroad v. ThompsonIllinois Supreme Court · 1904
- Hansell-Elcock Foundry Co. v. ClarkIllinois Supreme Court · 1905
- Pittsburg, Cincinnati, Chicago & St. Louis Ry. Co. v. RobsonIllinois Supreme Court · 1903
- Devine v. Chicago City Railway Co.Appellate Court of Illinois · 1912
17 more not listed; retrieve them via the Exa API.