{
  "id": 3016163,
  "name": "James Smith, Appellee, v. Saline County Coal Company, Appellant",
  "name_abbreviation": "Smith v. Saline County Coal Co.",
  "decision_date": "1918-04-05",
  "docket_number": "",
  "first_page": "53",
  "last_page": "54",
  "citations": [
    {
      "type": "official",
      "cite": "211 Ill. App. 53"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 193,
    "char_count": 2318,
    "ocr_confidence": 0.535,
    "sha256": "7909e13b98b6dc69e1457d7baa7c39ed8f5cb913f083fa7ae3e57d39dee9b6f7",
    "simhash": "1:8b062386088e6660",
    "word_count": 387
  },
  "last_updated": "2023-07-14T20:44:38.810297+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "James Smith, Appellee, v. Saline County Coal Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Higbee\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Higbee"
      }
    ],
    "attorneys": [
      "Miley & Combe and A. E. Somers, for appellant; Warren Nichols, of counsel.",
      "Lewis, Ronalds & Lewis, for appellee."
    ],
    "corrections": "",
    "head_matter": "James Smith, Appellee, v. Saline County Coal Company, Appellant.\n(Fot to be reported in full.)\nAppeal from the Circuit Court of Saline county; the Hon. A. W. Lewis, Judge, presiding. Heard in this court at the October term, 1917.\nReversed and remanded.\nOpinion filed April 5, 1918.\nStatement of the Case.\nAction by James Smith, plaintiff, against Saline County Coal Company, defendant, to recover damages for personal injuries received while employed in defendant\u2019s mine. From a judgment for plaintiff for $4,000, defendant appeals.\nMiley & Combe and A. E. Somers, for appellant; Warren Nichols, of counsel.\nLewis, Ronalds & Lewis, for appellee.\nAbstract of the Decision.\n1. Mines and minerals \u2014 \u2022when declaration sufficiently alleges that employee's leg was brolcen by being caught between car and motor. A declaration in an action by an employee to recover for personal injuries, alleged to have been caused by the derailment of a mine car, which alleges that because of the dangerous condition of the track the car was \u201cderailed and the rear portion of the car was thrown up in the air and as a direct result thereof the front end of the motor upon which the plaintiff was riding and which he was then and there driving and propelling ran under and against the rear end of said car in such manner as to catch the right leg of plaintiff which was broken,\u201d etc., while lacking in definiteness and precision, sufficiently alleges that plaintiff's leg was broken by being caught between the car and the motor, and not that it was already broken at that time.\n2. Mines and minerals, \u00a7 191 - \u2014 when instruction on liability of owner for violation of duty to prevent miner entering unsafe mine is erroneous. In an action by a mine employee to recover for personal injuries, it is reversible error to give an instruction directing the jury to return a verdict for plaintiff if the preponderance of the evidence shows that defendant had violated its statutory duty to prevent plaintiff from entering its mine after it knew such place to be unsafe, without also instructing that plaintiff\u2019s injury must have been the result of defendant\u2019s neglect of its statutory duty.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0053-01",
  "first_page_order": 107,
  "last_page_order": 108
}