{
  "id": 2928421,
  "name": "Henry Noe, Appellee, v. Shoal Creek Coal Company, Appellant",
  "name_abbreviation": "Noe v. Shoal Creek Coal Co.",
  "decision_date": "1917-10-11",
  "docket_number": "",
  "first_page": "615",
  "last_page": "616",
  "citations": [
    {
      "type": "official",
      "cite": "207 Ill. App. 615"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "simhash": "1:f7c76790109c56dc",
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  "last_updated": "2023-07-14T19:52:34.192092+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Henry Noe, Appellee, v. Shoal Creek Coal Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Graves\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Graves"
      }
    ],
    "attorneys": [
      "Hill & Burlington, for appellant.",
      "P. McWilliams, for appellee."
    ],
    "corrections": "",
    "head_matter": "Henry Noe, Appellee, v. Shoal Creek Coal Company, Appellant.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Montgomery county; the Hon. Thomas M. Jett, Judge, presiding. Heard in this court at the April term, 1917.\nAffirmed.\nOpinion filed October 11, 1917.\nStatement of the Case.\nAction by Henry Noe, plaintiff, against the Shoal Creek Coal Company, defendant, to recover for personal injuries received while employed in a mine of defendant who had declined to accept the provisions of the Workmen\u2019s Compensation Act. [Callaghan\u2019s 1916 St. Supp. \u00dc 5475 (1) et seq.~] From a verdict and judgment for plaintiff for $400, defendant appeals.\nAt plaintiff\u2019s request, the court instructed the jury:\n\u201c * * * that it was the duty of the defendant in this case to have used reasonable care and prudence in furnishing to the plaintiff, at and prior to the time of the accident complained of, a reasonably safe place in which to work, and reasonably safe appliances with which to work, and to have used reasonable precaution to keep and maintain the same in reasonably safe condition; and if the jury believe from the preponderance of the evidence, that the defendant failed to perform its duty in this respect, and if you further believe from the preponderance of the evidence, that the plaintiff was thereby injured, in the manner charged in the declaration, then the jury should-find the defendant guilty.\u201d\nAt defendant\u2019s request, the court instructed as follows :\n\u201cThe court instructs the jury that unless you believe from a preponderance of the evidence, that the defendant was guilty of the negligence as charged in the declaration or some one count thereof, you should find the defendant not guilty.\u201d\nAbstract of the Decision.\n1. Workmen's Compensation Act, \u00a7 12 \u2014 when instruction relating to contributory negligence is properly refused. In an action for personal injuries brought by an employee against an employer who has refused to accept the provisions of the Workmen\u2019s Compensation Act [Callaghan\u2019s 1916 St. Supp. fl 5475(1) et seq.h, it is not error to refuse to instruct that if the jury \u201cbelieve from the evidence that the plaintiff was injured by reason of his own negligence, and that the defendant was not negligent,\u201d then they shall find the defendant not guilty, where the defenses of assumption of risk and contributory negligence are conceded to be inapplicable, and the court has told the jury, in substance, that before plaintiff can recover he must prove by a preponderance of the evidence that the injury was caused by defendant\u2019s negligence.\n2. Workmen\u2019s Compensation Act, \u00a7 12* \u2014 when instruction on contributory negligence is properly refused. In an action for personal injuries brought by an employee against an employer who has refused to accept the provisions of the Workmen\u2019s Compensation Act [Callaghan\u2019s 1916 St. Supp. If 5475(1) et seq.h, and in which the defenses of assumption of risk and contributory negligence are conceded to be inapplicable, it is not error to refuse to instruct as follows: \u201cThe court instructs the jury that if you believe from the evidence that the plaintiff was injured by reason of his own negligence, and that the defendant was not negligent, then you should find the defendant not guilty,\u201d where the jury have been told, in substance that before plaintiff can recover he must prove by a preponderance of the evidence that the injury was-caused by defendant\u2019s negligence.\n3. Instructions, \u00a7 151* \u2014 when refusal of correct instruction is not error. Even though an instruction is technically correct, a refusal to give it is not error where it has been covered in another instruction already given.\nHill & Burlington, for appellant.\nP. McWilliams, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0615-01",
  "first_page_order": 641,
  "last_page_order": 642
}