#### Garret Wilkins, Appellee, v. Madison Coal Corporation, Appellant.

(Not to be reported in full.)

Abstract of the Decision.

Mines and minerals, § 176 * —when not shown that roof of mine •was not safe when examined ~by mine examiner. In an action by a miner to recover for personal injuries sustained, due to the fall of a piece of slate from the roof of a crosscut in defendant’s mine, in which plaintiff and his buddy were engaged in. running a coal undercutting machine, evidence held to show that the roof was not in a dangerous condition at the time the mine examiner examined it, eight hours before the occurrence of the accident.

Appeal from the Circuit Court of Madison county; the Hon. J. F. G-illham, Judge,,presiding.

Heard in this court at the October term,' 1917.

Reversed and remanded.

Opinion filed April 5, 1918.

Statement of the Case.

Action by Garret Wilkins, plaintiff, against Madison Coal Corporation* defendant, to recover damages for personal injuries-sustained on account of the fall of coal from the roof of a crosscut while plaintiff and his buddy were engaged in running a machine in undercutting coal in defendant’s mine. From a judgment for plaintiff for $1,275, defendant appeals.

For the abstract of the decision of the court on a former appeal, see 188 Ill. App. 416.

Burton & Burton, for appellant; John G. Drennan, of counsel.

T. M. Webb, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Higbee

delivered the opinion of the court.