{
  "id": 5284895,
  "name": "Mt. Olive and Staunton Coal Co. v. Eliza Rademacher. Widow, etc.",
  "name_abbreviation": "Mt. Olive & Staunton Coal Co. v. Rademacher",
  "decision_date": "1900-12-07",
  "docket_number": "",
  "first_page": "442",
  "last_page": "443",
  "citations": [
    {
      "type": "official",
      "cite": "92 Ill. App. 442"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 182,
    "char_count": 1984,
    "ocr_confidence": 0.661,
    "pagerank": {
      "raw": 6.380125665320789e-08,
      "percentile": 0.3929341054246792
    },
    "sha256": "5c08db22ac66be09f0a8bdb11f33521c6a35e75e0528e62c58ecbcadb5043fbe",
    "simhash": "1:dba16e7339c196d7",
    "word_count": 332
  },
  "last_updated": "2023-07-14T17:47:26.957327+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Mt. Olive and Staunton Coal Co. v. Eliza Rademacher. Widow, etc."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Barker\ndelivered the opinion of the court.\nAppellee recovered a judgment of $3,000 against appellant on account of the death of her husband, caused by the falling of slate from the roof of a coal mine entry while he was working in appellant\u2019s mine.\nThe circumstances under which Rademacher met his death are set forth in the case of Mt. Olive and Staunton Coal Company v. Berbeck, arofe, p. 441. We hold appellant is liable in this case for the reasons appearing in the opinion in that case.\nCounsel for appellant, in addition to the contentions urged in that case for a reversal of the judgment, insist that the court erred in this case in giving appellant\u2019s second instruction. The instruction told the jury that if they should believe from the evidence that the plaintiff had proven her case as laid in the declaration, then they should find the issues for the plaintiff. The objection urged by the counsel is that it ignored the defense set up by appellant, i. e., that Rademacher had specially contracted t\u00f3 take down the slate that injured him. Without making any observations as to the legality of an agreement to dispense with props when necessary in \u201c driving \u201d an entry, it is sufficient to say that the jury found, in answer to a special interrogatory, that Rademacher was not specially employed to take down the slate. Even if the instruction were objectionable, it worked no harm to appellant. Judgment affirmed.",
        "type": "majority",
        "author": "Mr. Presiding Justice Barker"
      }
    ],
    "attorneys": [
      "CHARLES W. THOMAS, attorney for appellant.",
      "Lane & Cooper, attorneys for appellee."
    ],
    "corrections": "",
    "head_matter": "Mt. Olive and Staunton Coal Co. v. Eliza Rademacher. Widow, etc.\n1. INSTRUcTIONS-Harmless Error.-An instruction,. the giving of which works no injury to the party complaining, is not to be regarded as reversible error.\nTrespass on the (iase.-Death from negligent act. Appeal from the Circuit Court of Macoupin County; the Hon. ROBERT B. SmELEY, Judge, presid ink. 1-leard in ~liis court at the May term, 1900.\nAffirm ccl.\nOpinion filed December 7, 1900.\nCHARLES W. THOMAS, attorney for appellant.\nLane & Cooper, attorneys for appellee."
  },
  "file_name": "0442-01",
  "first_page_order": 466,
  "last_page_order": 467
}