#### John Vyskocil, Appellee, v. Edwardsville Home Trade Coal Company, Appellant.

(Not to be reported in full.)

Appeal from the Circuit Court of Madison county; the Hon. William E. Hadley, Judge, presiding. Heard in this court at the March term, 1913.

Reversed.

Opinion filed October 9, 1913.

Statement of the Case.

Action by John Vyskocil against Edwardsville Home Trade Coal Company to recover for injuries sustained by plaintiff, alleged to have resulted from the wilful failure of defendant to comply with the statute, in that the mine examiner failed to properly mark the dangerous condition of the roof of the mine. From a judgment in favor of plaintiff for nine hundred and fifty dollars, defendant appeals.

*618Abstract of the Decision.

Mines and minerals, § 176 * —when evidence insufficient to show wilful negligence. In an action for personal injuries sustained by plaintiff while working in defendant’s mine, alleged to have been caused by -the wilful failure of defendant to mark the dangerous condition of the mine, evidence held insufficient to show such a dangerous condition of the mine as would render defendant liable for wilful negligence.

C. H. Burton and M. U. Hayden, for appellant.

Geers & Geers, for appellee.

*

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

Mr. Justice Thompson

delivered the opinion of the court.