Frey v. Kerens-Donnewald Coal Co.
| Decision Date | 22 December 1915 |
| Docket Number | No. 10117.,10117. |
| Citation | 110 N.E. 824,271 Ill. 121 |
| Parties | FREY v. KERENS-DONNEWALD COAL CO. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Error to Circuit Court, Madison County; W. E. Hadley, Judge.
Proceeding under the Workmen's Compensation Act by James Frey against the Kerens-Donnewald Coal Company. Judgment in favor of the petitioner, and defendant brings error. Affirmed.
Keefe & Sullivan, of East St. Louis, for plaintiff in error.
Springer & Buckley and Warnock, Williamson & Burroughs, all of Edwardsville, for defendant in error.
James Frey (herein referred to as the plaintiff) was employed during the year 1912 as a miner in the coal mine of the Kerens-Donnewald Coal Company, located at Worden, Ill. Both Frey and the coal company had elected to be bound by the provisions of the Workmen's Compensation Act of 1911, in force May 1, 1912. On November 22, 1912, while engaged in mining coal in said mine, plaintiff was knocked down and injured by a mine prop. Being incapacitated for work, he was paid compensation by the defendant company at the rate of $1.42 per day up to November 15, 1913, making a sum total of $489.88. He filed his petition in the county court of Madison county, asking for the appointment of an arbitrator to fix the amount of compensation to be paid to him under the Workmen's Compensation Act, which the court did. The plaintiff and the defendant each named an arbitrator, and two of said arbitrators made a report finding that plaintiff was entitled to compensation at the rate of $12 per week for 291 2/3 weeks, or a total of $3,500, less $489.88 paid him by the defendant. Defendant then filed its petition in the circuit court, and asked to have the award of the arbitrators reviewed under the provisions of said act. A jury was waived, and on a trial before the court November 25, 1914, the circuit court made the same findings as the arbitrators-that the plaintiff was permanently injured and totally disabled, as aforesaid, and that he was entitled to recover from the defendant for his full compensation the sum of $3,500, less said amount paid by it, or $3,010.12, payable at the rate of $12 per week; that as no payment had been made by the defendant since November 15, 1913, the defendant should then pay $636 cash, that being the sum due since said last date at $12 per week, and that the remainder of $2,374.12 be paid at the rate of $12 per week, beginning with the date of the judgment. This writ of error is prosecuted by the defendant to reverse the judgment.
Only two grounds are urged by the defendant for a reversal of the judgment: (1) That there is no evidence in the record sufficient to justify the award of compensation to the plaintiff upon the ground that he was injured while in the course of his employment, because his paralysis was not due to his said injury; (2) that said act of 1911 was never legally passed by the General Assembly, because the bill, with its amendments, was not printed, as required by the Constitution, before its final passage in the House.
First. The record in this case shows a stipulation by the parties to this proceeding that plaintiff was injured while working for the defendant, in the course of his employment. Plaintiff testified that the prop in question struck him on the side of the head, midway between the top of his ear and the center of the top of his head, while he was mining coal for the defendant in its said mine, and knocked him about 15 feet against the rib of coal; that the top of his head was affected and his skull fractured; that he worked 7 or 8 days thereafter, and on Sunday morning, while he was reading a newspaper, he got so he couldn't walk, and his wife put him to bed; that he was taken to the hospital in Granite City, where they took out pieces of his skull and some ‘bruised blood’; that the injury caused all his strength to leave him, and that he cannot use his right hand or his right leg, and that the right side of his body is paralyzed; that he then had no better use of his limbs than he had three months after the injury, and has not been able to do any work since he was paralyzed, and...
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Bell v. Toluca Coal Co.
...then, however, this court has decided the act constitutional as to the method of its passage by the Legislature. Frey v. Kerens-Donnewald Coal Co., 271 Ill. 121, 110 N. E. 824;Dragovich v. Iroquois Iron Co., 269 Ill. 478, 109 N. E. 999;Devine v. Delano, 272 Ill. 166, 111 N. E. 742. The appe......
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Von Boeckmann v. Corn Prods. Ref. Co.
...the circuit court erred in holding the act invalid. Dragovich v. Iroquois Iron Co., 269 Ill. 478, 109 N. E. 999;Frey v. Kerens-Donnewald Coal Co., 271 Ill. 121, 110 N. E. 824. The right of appellee to maintain his suit depended not only upon his proving that his injury was caused by the int......
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Joliet & E. Traction Co. v. Indus. Comm'n
...is totally paralyzed or insane-that there could be no disagreement on the part of any one as to the question. In Frey v. Kerens-Donnewald Coal Co., 271 Ill. 121, 110 N. E. 824, it was held that an award of compensation for a permanent injury was justified by evidence which showed that the a......