Pedroni v. Illinois Third Vein Coal Co.

Appellate Court of Illinois

Pedroni v. Illinois Third Vein Coal Co.

205 Ill. App. 119

CourtAppellate Court of Illinois

DecidedApril 19, 1917

DocketGen. No. 6,337

StatusPublished

Cited by1 cases

This text of 205 Ill. App. 119 (Pedroni 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

Pedroni v. Illinois Third Vein Coal Co., 205 Ill. App. 119 (Ill. Ct. App. 1917).

Pincite

Opinion

Mr. Presiding Justice Niehaus

delivered the opinion of the court.

5. Instruction's, § 137*—when properly refused. Instructions stating that the jury must make their finding under their oaths concerning a certain feature of a case are properly refused. 6. Mikes and minerals, § 186*—when instruction in action by miner for injuries from falling of top of cage is erroneous. In an action for injuries sustained by a miner in a coal mine, where violation of a statute was involved and the plaintiff also charged common-law negligence, and defendant claimed that the only purpose of the said statute was to protect persons who were in a cage from falling objects, and that plaintiff was not entitled to recover because he was not injured by a falling object, held that an instruction practically directing a verdict for the defendant in case they found that the injury was not caused by a falling object was properly refused, as it limited the right of recovery to injuries resulting from a violation of the statute, and ignored the plaintiff’s right to recover if there was sufficient evidence under the counts charging common-law negligence. 7. Instructions, § 137*—when properly refused. An instruction leaving the jury to determine whether under the evidence there was a violation of a statute as a matter of law is properly refused.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Presiding Justice Niehaus

delivered the opinion of the court.

5. Instruction's, § 137*—when properly refused. Instructions stating that the jury must make their finding under their oaths concerning a certain feature of a case are properly refused. 6. Mikes and minerals, § 186*—when instruction in action by miner for injuries from falling of top of cage is erroneous. In an action for injuries sustained by a miner in a coal mine, where violation of a statute was involved and the plaintiff also charged common-law negligence, and defendant claimed that the only purpose of the said statute was to protect persons who were in a cage from falling objects, and that plaintiff was not entitled to recover because he was not injured by a falling object, held that an instruction practically directing a verdict for the defendant in case they found that the injury was not caused by a falling object was properly refused, as it limited the right of recovery to injuries resulting from a violation of the statute, and ignored the plaintiff’s right to recover if there was sufficient evidence under the counts charging common-law negligence. 7. Instructions, § 137*—when properly refused. An instruction leaving the jury to determine whether under the evidence there was a violation of a statute as a matter of law is properly refused.

Cite This Page — Counsel Stack

Bluebook (online)

205 Ill. App. 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pedroni-v-illinois-third-vein-coal-co-illappct-1917.

Opinion

Related

Cite This Page — Counsel Stack