#### Stanislaw Jvanowski, Appellee, v. Spring Valley Coal Company, Appellant.

Gen. No. 18,451.

(Not to be reported in full.)

Appeal from the Superior Court of Cook county; the Hon. William Fenimore Cooper, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1912.

Reversed and remanded.

Opinion filed November 20, 1913.

*233Abstract of the Decision.

1. Mines and minerals, § 90 * —when a demand for props may be made of driver. Where there is a rule that the men are required to make their demand for props of the manager, a demand made upon the driver for such props is sufficient where there is a custom established in the mine to ask the driver therefor.

2. Mines and minerals, § 156 * —when evidence of custom to demand props of driver admissible. Evidence of a custom to demand props of the driver, instead of the manager, is admissible though, such custom is not pleaded.

3. Mines and minerals, § 194 * —when refusal of requested instruction reversible error. In an action for injuries sustained for wilful failure of mine owner to furnish props, where plaintiff relies on his demand upon the driver therefor in accordance with an established custom, refusal of a requested instruction informing the jury as to the legal effect of the evidence relating to the alleged custom, field error where such requested instruction was not covered by other instructions given.

Statement of the Case.

Action by Stanislaw Jvanowski against Spring Valley Coal Company to recover for personal injuries sustained by plaintiff while employed as a miner in . defendant’s mines, on account of defendant’s wilful failure to supply plaintiff with props. From a judgment in favor of plaintiff for two thousand five hundred dollars, defendant appeals.

Mastín & Sherlock, for appellant; Frank Crozier, of counsel.

Johnson & Belasco, for appellee.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Justice Fitch

delivered the opinion of the court.