#### Barney Childers, Appellee, v. Chicago, Wilmington & Franklin Coal Company, Appellant.

(Not to he reported in full.)

Appeal from the Circuit Court of Franklin county; the Hon. Junius C. Kern, 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 Barney Childers, plaintiff, against Chicago, Wilmington & Franklin Coal Company, a corporation, defendant, to recover for personal injuries received while employed in defendant’s mine. From a judgment for plaintiff for $475, defendant appeals.

Mastin & Sherlock and Robert E. Hickman, for appellant; C. B. Chapman, of counsel.

Moses Pulverman and Harmon & Mitchell, for appellee.

*81Abstract of the Decision.

1. Master and servant, § 598 * — when burden of proof not shifted on master in action for personal injuries. In an action by an employee to recover for personal injuries, the mere proof of the accident or injury does not place upon the master the burden of showing that the injury did not result from his negligence.

2. Master and servant, § 126* — what degree of care required of master as to furnishing safe place to work. The master does not insure that the place where he sets his men to work shall be absolutely safe, but is merely required to exercise reasonable care to see that it is reasonably safe.

3. Mines and minerals, § 176* — when not shown that place of working in mine was dangerous. In an action by a mine employee to recover for personal injuries, plaintiff held not only not to have shown that a dangerous condition existed as to the place of working before the accident, but also to have shown that no such condition did exist.

4. Mines and minerals, § 176* — when evidence is insufficient to support verdict for mine employee Jor injuries. In an action to recover for personal injuries to an employee by the fall of coal from a mine roof, evidence held insufficient to support a verdict for plaintiff.

*

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

Mr. Justice McBride

delivered the opinion of the court.