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The Mining Reports (Volume 10); A Series Containing the Cases on the Law of Mines Found in the American and English Reports, Arranged Alphabetically by Subjects, with Notes and References

The Mining Reports (Volume 10); A Series Containing the Cases on the Law of Mines Found in the American and English Reports, Arranged Alphabetically by Subjects, with Notes and References


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886. Excerpt: ... diet, to reverse which the defendant has taken this appeal. In the commencemant of the action appellee sued as administratrix of the estate of James Taylor, deceased. Subsequently, on motion, the court allowed the summons and declaration to be amended so that the action might proceed in the name of appellee as widow of the deceased. This amend ment is assigned as error. We are satisfied the widow was the proper person to bring the action. The 14th section of the act expressly authorizes her to bring the suit. Chapter 70, entitled "Injuries," R. L. 1874, p. 582, which authorizes an action in the name of the personal representatives, did not repeal the 14th section of the act entitled "Miners." The former act is general, while the act in relation to miners may be regarded as special, and the latter must control as to all cases specially enumerated in the act itself, while the other act, being general, would embrace all other cases: Ottawa v. La Salle, 12 III. 339. In regard to the extent of the amendment, there can be no doubt but the court had ample power under the liborul provisions of section 24 of the Practice Act: Teufonia /ha Co. v. Mueller, 11 I1l. 22. Nor was the amendment ground for a continuance unless application had been made in the manner provided by section 26 of the Practice Act, supported by affidavit. That was not, however, done, and the decision of the court overruling the motion for a continuance was proper. In the first count of the declaration it was averred that appellant hoisted coal from its mine at the time Taylor was ascending, and the deceased was killed in consequence of that illegal act of the company. The court was requested by appellant to instruct the jury that there was no evidence before them upon the first count of the dec...


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Product Details
  • ISBN-13: 9781150167942
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 278
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 1150167947
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 499 gr


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The Mining Reports (Volume 10); A Series Containing the Cases on the Law of Mines Found in the American and English Reports, Arranged Alphabetically by Subjects, with Notes and References
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