Niantic Coal & Mining Co. v. Leonard

Citations

• 126 Ill. 216
• 19 N.E. 294

Syllabus

<p>1. Mines and miners—■liability for injury to a miner. Under the statute providing for the safety and health of persons employed in coal mines, the company will be liable for a personal injury to a person in its employ, while descending into the mine, resulting from the employment of an incompetent engineer to take charge of the engine used in lowering persons into and hoisting them out of the mine, and in improperly loading the descending car with a heavy piece of timber.</p> <p>2. Erbob wild not always reverse—improper instruction. Where the act of a coal mining company producing a personal injury, amounts to a willful violation of the law by the company, the doctrine relating to a recovery by the plaintiff for the negligence of fellow-servants will have so little application to the real issue made, that a mistake in laying down the doctrine on that subject will be an immaterial error.</p>