Volin v. St. Louis & O'Fallon Coal Co., 203 Ill. App. 126 (1916)

Nov. 13, 1916 · Illinois Appellate Court
203 Ill. App. 126
Jim Volin, Appellee, v. St. Louis & O'Fallon Coal Company, Appellant

Jim Volin, Appellee, v. St. Louis & O’Fallon Coal Company, Appellant.

(Hot to Tbe reported in full.)

Abstract of the Decision.

1. Appeal and error, § 1411 * —when verdict on conflicting evidence will not be disturbed. In an action by a mine employee for damages for personal injuries, held that the finding of the jury that certain props required for the support of a roof in a mine were not furnished should not be disturbed, where the evidence was sharply conflicting, if not against the manifest weight of evidence.

2. Damage's, § 120 * —when verdict for personal injuries not excessive'. Where, in an action for damages for injuries to a workman, the evidence showed four fingers of his left hand were so fractured that he could only close that hand halfway and could not hold anything tight and that his left hip was permanently fractured, and that he lost two months from work, held a verdict for $1,100 was not excessive.

Appeal from the Circuit Court of St. Clair county; the Hon. George A. Crow, Judge, presiding. Heard in this court at the March term, 1916.

Affirmed.

Opinion filed November 13, 1916.

Certiorari denied by Supreme Court (making, opinion final).

Statement of the Case.

Action by Jim Volin, plaintiff, against St. Louis & O’Fallon Coal Company, defendant, to recover damages for personal injuries received while working as a miner in defendant’s coal mine. From a judgment for plaintiff for $1,100 and costs, defendant appeals.

Barthel, Farmer & Klingel, for appellant.

Schaefer & Kruger and T. B. Mould, for appellee.

Mr. Justice McBride

delivered the opinion of the court.

*1273. Workmen’s Compensation Act—when certificate as to filed notice of employer’s election not to come under is sufficient. A certificate by the secretary of the Industrial Board as to a notice filed with said board of an employer’s election under the Workmen’s Compensation Act, which describes said secretary as custodian and keeper of the files, records and documents of said board but does not specifically state he was custodian and keeper thereof, is a sufficient comnliance with section 16, ch. 51 of the Statutes (J. & A. If 5533), requiring a statement in any such certificate that the officer is the keeper of such files, etc.

4. Evidence, § 125 * —when witness may testify as to contents of posted notice. A witness is not prohibited from testifying as to the contents of a notice that has been posted, especially where it has become dimmed and destroyed.