delivered the opinion of the court.
Campbell v. O'Gara, 211 Ill. App. 161 (1918)
July 16, 1918
·
Illinois Appellate Court
211 Ill. App. 161
John Campbell, Defendant in Error, v. T. J. O’Gara et al., Trustees, Plaintiffs in Error.
(Not to be reported in full.)
Error to the Circuit Court of Saline county; the Hon. A. W. Lewis, Judge, presiding. Heard in this court at the March term, 1918.
Affirmed.
Opinion filed July 16, 1918.
Statement of the Case.
Action by John Campbell, plaintiff, against T. J. O’Gara, William Niblack and E. Weltman, as trustees in bankruptcy for the O’Gara Coal Company, a corporation, defendants, to recover damages for personal injuries sustained by him while working in the com*162pany’s mine. From a judgment for plaintiff for $9,000, defendants bring error.
Abstract of the Decision.
1. Appeal and ebbob, § 1165 * — when only question for review is whether facts proved constitute cause of action. Where no complaint is made in a negligence ease that the trial court committed any error in its rulings on the evidence or in the giving or refusing of instructions, or that the verdict is excessive, the only question for review is whether the facts in proof constitute a cause of action.
2. Mines and minerals, § 108* — what constitutes dangerous; condition in mine. The existence of a hole extending the full length of a curtain placed over the second crosscut from the face of coal in a mine where a miner is working so as to permit the proper circulation of air is a dangerous condition in the mine which should have been marked by the mine examiner, where the tendency of such a hole is to short-circuit the air and prevent the proper amount from circulating at the face of the coal and the removal of explosive gases released by undercutting coal and boring holes.
3. Witnesses, § 253* — province of jury as to credibility. It is the province of the jury to determine the credibility of witnesses.
Miley & Combe, for plaintiffs in error; A. E. Somers, of counsel.
Lewis, Ronalds & Lewis and Clark & Hutton, for defendant in error.