Bartlett Coal & Mining Co. v. Roach

Citations

• 68 Ill. 174

Syllabus

<p>1. Neg-ltqence—action for death caused by—mining company. Where a mining company failed to comply with the requirements of the act of 1879, to provide “for the health and safety of persons employed in coal mines,” which required “the top of each shaft” to he “securely fenced by vertical or flat gates properly covering and protecting the area of the shaft,” and in consequence of which an emploj'ee, while using due care, fell into a shaft and was killed: Held, that the company was liable in an action on the case, to his personal representatives, for the death.</p> <p>3. The fact that the accident occurred in a few days after the statute went into effect, and before the company had time to comply with its provisions, presents no defense to the action, as, if the company was not prepared to comply with the law, it should have suspended operations until it was able'to do so, and not having done so, its failure must be regarded as wilful.</p>