Coal Run Coal Co. v. Jones

Citations

• 127 Ill. 379

Syllabus

<p>1. Negligence—dangerous occupation—Imown to employe. If a workman, knowing there is danger in doing any certain kind or job of work, voluntarily undertakes to do such work, and voluntarily places himself in a known place of danger, no damages can be recovered for injuries or death occasioned thereby.</p> <p>2. Same—of am instruction—not applicable to the facts. In an action by the administrator of a deceased miner, against a mining company, to recover for causing the death of the intestate through negligence, it is error to instruct the jury, for the plaintiff, that it was the duty of the defendant to cause the mine to be examined every morning with a safety lamx>, by a competent person, to ascertain if fire-damp was present, and to cause to be provided suitable means of signaling between the top and bottom of the mine, where such failure of duty in no way contributed to the accident which caused the death. Such an instruction has no proper application to the facts.</p> <p>3. Mabbiage—of a second marriage—presumption in favor of its legality. Where a man’s second marriage is shown in fact, the law raises a strong presumption in favor of its legality, which is not overcome by mere proof of a prior marriage, and that the first wife is living and had not obtained a divorce. The husband may have obtained a divorce, and thus left him free to marry again.</p> <p>4. Instructions—complicated, confused and argumentative. An instruction which is unnecessarily lengthy, involved, confusing, argumentative, and contains one-sided recitals of evidence, is objectionable and erroneous.</p>