delivered the opinion of the court.
Wilkins v. Madison Coal Corp., 210 Ill. App. 661 (1918)
April 5, 1918
·
Illinois Appellate Court
210 Ill. App. 661
Garret Wilkins, Appellee, v. Madison Coal Corporation, Appellant.
(Not to be reported in full.)
Abstract of the Decision.
Mines and minerals, § 176 * —when not shown that roof of mine •was not safe when examined ~by mine examiner. In an action by a miner to recover for personal injuries sustained, due to the fall of a piece of slate from the roof of a crosscut in defendant’s mine, in which plaintiff and his buddy were engaged in. running a coal undercutting machine, evidence held to show that the roof was not in a dangerous condition at the time the mine examiner examined it, eight hours before the occurrence of the accident.
Appeal from the Circuit Court of Madison county; the Hon. J. F. G-illham, Judge,,presiding.
Heard in this court at the October term,' 1917.
Reversed and remanded.
Opinion filed April 5, 1918.
Statement of the Case.
Action by Garret Wilkins, plaintiff, against Madison Coal Corporation* defendant, to recover damages for personal injuries-sustained on account of the fall of coal from the roof of a crosscut while plaintiff and his buddy were engaged in running a machine in undercutting coal in defendant’s mine. From a judgment for plaintiff for $1,275, defendant appeals.
For the abstract of the decision of the court on a former appeal, see 188 Ill. App. 416.
Burton & Burton, for appellant; John G. Drennan, of counsel.
T. M. Webb, for appellee.