Illinois & St. Louis Railroad & Coal Co. v. Ogle

This was an action of trespass, brought by David Ogle in the circuit court of St. Clair county, against The Illinois and St. Louis Eailroad and Coal Company, to recover damages for an unlawful entry upon the plaintiff’s close, and digging out a certain vein of coal. A trial of the cause before a jury resulted in a verdict and judgment in favor of the plaintiff, to reverse which this appeal was taken by the defendant.

The only error assigned is, that the court erred in instructing the jury in regard to the measure of damages, as follows:

“If the jury believe, from the evidence, that the…