Wesley City Coal Co. v. Healer

Citations

• 84 Ill. 126

Syllabus

<p>1. Mines and minebs—liability of owners for death caused by want of second escapement. Where a coal company had opened three coal mines, the first some seventy feet below the surface, the second some sixty-five feet below the first, and the third one hundred and twenty feet below the second, and. though the same had been in operation for about two years, there was no second escapement constructed to the second and third mines, and, while employing more than fifteen laborers in the second mine, a fire occurred in the main shaft, filling the latter mine with smolte. and the miners, in the alarm and confusion consequent on the alarm, rushed to the shaft., and one fell down the shaft into the third mine and was killed, it was held, that the company was liable, in an action, to his widow for liis death, even though the fire was purely accidental, for the neglect to have a second means of escape.</p> <p>3. Same—party not responsible for negligence caused by alarm. A party giving another a reasonable cause for alarm can not complain that the person so alarmed has not exercised cool presence of mind, and thereby find protection from responsibility for damages resulting from the alarm, when he is guilty of negligence or violation of law contributing to the injury.</p>