Catani v. Illinois Third Vein Coal Co.

Appellate Court of Illinois

Catani v. Illinois Third Vein Coal Co.

209 Ill. App. 101

CourtAppellate Court of Illinois

DecidedFebruary 12, 1918

DocketGen. No. 6,449

StatusPublished

This text of 209 Ill. App. 101 (Catani v. Illinois Third Vein Coal Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Catani v. Illinois Third Vein Coal Co., 209 Ill. App. 101 (Ill. Ct. App. 1918).

Pincite

Opinion

Mr. Justice Niehaus

delivered the opinion of the court.

3. Mines and minerals, § 90*—when shown that owner had knowledge of custom as to ordering of props. Evidence held sufficient to show that defendant had knowledge of a custom of its miners ordering props for their use in mining from defendant’s drivers which was long existing and to have acquiesced in such custom, so as not to necessitate a demand for props by the mine manager. 4. Damages, § 122*—when verdict is not excessive. A verdict for $14,000 held not excessive for severe and permanent injuries sustained by a vigorous, healthy man 38 years old, which nearly cost him his life, resulted in pain and suffering, the amputation of his leg and permanent crippling therefrom, and consequent inability to perform manual labor, the only kind he was fitted for or able to perform.

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Mr. Justice Niehaus

delivered the opinion of the court.

3. Mines and minerals, § 90*—when shown that owner had knowledge of custom as to ordering of props. Evidence held sufficient to show that defendant had knowledge of a custom of its miners ordering props for their use in mining from defendant’s drivers which was long existing and to have acquiesced in such custom, so as not to necessitate a demand for props by the mine manager. 4. Damages, § 122*—when verdict is not excessive. A verdict for $14,000 held not excessive for severe and permanent injuries sustained by a vigorous, healthy man 38 years old, which nearly cost him his life, resulted in pain and suffering, the amputation of his leg and permanent crippling therefrom, and consequent inability to perform manual labor, the only kind he was fitted for or able to perform.

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Bluebook (online)

209 Ill. App. 101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/catani-v-illinois-third-vein-coal-co-illappct-1918.