Beard v. Skeldon

Citations

• 113 Ill. 584
• 1885 Ill. LEXIS 729

Syllabus

<p>1. Mines and mining—provisions for safety of miners—providing a brake for the drum—the statute construed. The manifest object of section 6, chapter 93, of the Revised Statutes, in requiring that “every drum shall be provided with a sufficient brake to prevent accident in case of the giving out or breaking of the machinery, ” was to provide such brake as a protection to the life of the miner, in the cage ascending or descending, where, at any time or for any cause, the machinery used in raising or lowering the cage should refuse to perform any of its proper functions. The brake is required to stop the cage whenever there may be danger, whether it arises from the giving out or breaking of machinery, or for some other cause. A failure of the machinery to perform its proper office may be regarded as a “giving out, ” within the meaning of the statute.</p> <p>2. Same—death of miner from negligence of the proprietor—of the right of action therefor—the statute construed. That part of section 14, chapter 93, relating to “Miners,” which provides that in case of loss of life by reason of any willful violations of the act, or willful failure to comply with any of its provisions, “a right of action shall accrue to the widow of the person killed, his lineal heirs or adopted children, or to any other person or persons who were, before such loss of life, dependent for support on the person or persons so killed, ” authorizes but one action and but one recovery for the entire loss.</p> <p>3. Under that act, if the deceased miner leaves a widow surviving, she is entitled to sue and recover for the loss, whatever it may be; but if there is no widow, a right of action is conferred upon his lineal heirs or adopted children, if any, and if there is no widow or lineal heirs or adopted children, then any person may maintain the action who before the death was dependent for support on the person killed.</p> <p>4. Measure oe damages—death of miner—elements to be considered. In an action on