Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois Volume 221

Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois Volume 221

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...jury and the opinion of the Appellate Court, as has also the contention that the failure of the examiner to make a "formal examination" of the mine on Sunday before the miners went into their work at night had nothing to do with the accident. The conscious failure to observe and comply with the provisions of the Mine and Miners act, even though no evil intent induces the failure, is a willful violation, and whether the willful failure of the mine operator to comply with the terms of the act relative to inspection, etc., is fhe proximate cause of a personal injury is a question of fact for the jury. Odin Coal Co. v. Denman, 185 Ill. 413; Missouri Malleable Iron Co. v. Dillon, 206 id. 145; Kellyville Coal Co. v. Strine, 217 id. 516. It is urged by the appellant that there was no evidence fairly tending to show that the death of the deceased resulted from the explosion of gas. It is practically conceded that the appellant violated the statute, as alleged in the second and third counts of the declaration. The appellant company, through its representative, knew of the existence of gas near the south end of the ninth south entry on Saturday. It did not inspect the mine on Sunday or on Monday morning, and permitted men to go into the uninspected mine to work ih near proximity to the gas accumulated in the ninth south entry. The evidence showed that gas in a mine is not in itself necessarily dangerous, but that it becomes dangerous when combined with certain proportions of air. If the gas is comparatively free from any admixture of air it will not explode, but if one part of gas is mixed with between nine'and ten parts of air it becomes highly explosive, and is then termed by the miners as "wicked" more

Product details

  • Paperback
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • black & white illustrations
  • 1236958071
  • 9781236958075