Consolidated Coal Co. v. Maehl

Citations

• 130 Ill. 551
• 22 N.E. 715

Syllabus

<p>1. Negligence—competency of engineer—evidence on that question. In an action by a widow against a mining company, to recover for the death of her husband through negligence, the plaintiff showed, by the engineer of defendant, that he had run the engine connected with the hoisting apparatus at the mine, for two months prior to the accident, and, over defendant’s objection, he was allowed to testify to his want of experience and competency at the time of his employment, and as to what proficiency he had attained as an engineer in that time, the injury having resulted from the alleged incompetency of the engineer: Held, that the evidence was proper, as tending to show, from his previous training and experience, or want Of it, whether the engineer was competent and experienced at the time of the injury.</p> <p>2. Same—instruction varying from the pleadings—presumption. In the same case, an instruction for the plaintiff, after correctly stating the duties of mining corporations under the statute, told the jury, that if they believed, from the evidence, that the defendant had willfully failed to comply with its duty, or willfully violated the provisions of the statute, as alleged in the declaration, the defendant was liable, if the other necessary facts, which were named, concurred. Two counts of the declaration were faulty, and did not state defendant’s duty correctly, but no evidence was heard under such counts: Held, that while the instruction was not to be commended, there was no prejudicial error in giving it, as it woul d be presumed the jury looked to the breach of duty stated in the instruction, and not to that alleged in the faulty counts.</p> <p>3. Measure of damages—death from negligence—instruction. In an action to recover damages occasioned by the death of a person from negligence, an instruction for the plaintiff, after having left it to the jury to be found, from the evidence, whether the deceased had children, and the plaintiff was his widow, told them,