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69 Ill. App. 420

Carter v. Penn

Appellate Court of Illinois

Decided February 25, 1897

Appellate Court of Illinois · decided 1897-02-25

<p>Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Tazewell County; the Hon. Nathaniel W. Green, Judge, presiding.</p>

Affirmed · Decided 1897-02-25

Mr. Presiding Justice Boggs

¶1delivered the opinion of the Court.

¶2Appellant operated a coal mine; appellee was in his employ, and while engaged in repairing a signal wire in the shaft of the mine, was struck and injured by an ascending cage.

¶3He obtained judgment against appellant in the sum of $300, upon the ground the cage was put in motion through the personal negligence of the appellant.

¶4The only alleged error pointed out and discussed in the brief for the appellant is, the verdict of the jury was against the evidence.

¶5Other errors were formally assigned, but are deemed abandoned by reason of the failure to rely upon them in the brief.

¶6We have carefully read and considered the testimony and the argument of counsel thereon.

¶7There seems no substantial ground for the contention that appellee was not in the line of his duty at the time, or that he failed to exercise ordinary care for his own safety.

¶8The jury, in answer to a special interrogatory, found the injury was the result of the personal negligence of appellant.

¶9This was the frictional point of fact.

¶10The evidence was conflicting. After mature consideration we are of opinion we would not Be authorized in saying the verdict and judgment is manifestly wrong.

¶11There appears no reason we should extend the opinion by entering upon a discussion of the testimony.

¶12The judgment is affirmed.

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