Leverich v. Danville Collieries Coal Co.

Appellate Court of Illinois

Leverich v. Danville Collieries Coal Co.

193 Ill. App. 627

DecidedApril 16, 1915

StatusPublished

This text of 193 Ill. App. 627 (Leverich v. Danville Collieries 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

Leverich v. Danville Collieries Coal Co., 193 Ill. App. 627 (Ill. Ct. App. 1915).

Pincite

Opinion

Mr. Justice Thompson

delivered the opinion of the court.

4. Instructions, § 118*—refusal, of instruction supported by scintilla of evidence. The refusal of a requested instruction is not error even though supported by a scintilla of evidence. 5. Mines and minerals, § 176*—when evidence sufficient to sustain verdict for miner in action for injuries. The evidence held sufficient to sustain a verdict for the plaintiff in an action for injuries to a miner, where it appeared that a broken rim of the hip joint was due to the dangerous condition of a railway track in a mine, notwithstanding the plaintiff worked for two weeks after his injury. 6. Trial, § 123a*—when argument not prejudicial. An argument of counsel to the jury concerning the dangerous nature of a miner’s work, and as to the safeguards the law requires in mines, held not erroneous in an action for injuries due .to the failure of a mine operator to comply with section 21 of the Miners’ Act (J. & A. IT 7495). 7. Damages, § 124*—when verdict for broken rim of hip joint not excessive. A verdict for $5,000 held not excessive for an injury to a miner thirty-six years old, earning $50 every two weeks, consisting of a broken rim of the hip joint, which left one leg two inches shorter than the other, and the plaintiff more or less permanently disabled for life.

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Mr. Justice Thompson

delivered the opinion of the court.

4. Instructions, § 118*—refusal, of instruction supported by scintilla of evidence. The refusal of a requested instruction is not error even though supported by a scintilla of evidence. 5. Mines and minerals, § 176*—when evidence sufficient to sustain verdict for miner in action for injuries. The evidence held sufficient to sustain a verdict for the plaintiff in an action for injuries to a miner, where it appeared that a broken rim of the hip joint was due to the dangerous condition of a railway track in a mine, notwithstanding the plaintiff worked for two weeks after his injury. 6. Trial, § 123a*—when argument not prejudicial. An argument of counsel to the jury concerning the dangerous nature of a miner’s work, and as to the safeguards the law requires in mines, held not erroneous in an action for injuries due .to the failure of a mine operator to comply with section 21 of the Miners’ Act (J. & A. IT 7495). 7. Damages, § 124*—when verdict for broken rim of hip joint not excessive. A verdict for $5,000 held not excessive for an injury to a miner thirty-six years old, earning $50 every two weeks, consisting of a broken rim of the hip joint, which left one leg two inches shorter than the other, and the plaintiff more or less permanently disabled for life.

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Bluebook (online)

193 Ill. App. 627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leverich-v-danville-collieries-coal-co-illappct-1915.