Oden Coal Co. v. Indus. Comm'n
| Decision Date | 21 April 1921 |
| Docket Number | No. 13766.,13766. |
| Citation | 130 N.E. 704,297 Ill. 392 |
| Parties | ODEN COAL CO. v. INDUSTRIAL COMMISSION et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Error to Circuit Court, Marion County; Thomas E. Ford, Judge.
Application by Samuel N. Lane, employer, under the Workmen's Compensation Act, against the Oden Coal Company, employer, for compensation for injuries. An award of the Industrial Commission was confirmed by the circuit court, and the employer brings error.
Affirmed.
Frank F. Noleman and June C. Smith, both of Centralia, and Andrew J. Dallstream, of Hoopeston, for plaintiff in error.
A. W. Kerr, of Chicago, and Fred H. Kruger, of Belleville, for defendant in error.
Samuel N. Lane made application before the Industrial Commission for an award for an injury to himself received on March 11, 1918, while in the employ of plaintiff in error as a miner. The arbitrator made an award in his favor, and the Industrial Commission confirmed it. On a hearing in the circuit court the proceeding was remanded to the Industrial Commission for further investigation, and an award was again made in favor of Lane by the commission. On a second hearing in the circuit court the award of the Industrial Commission was confirmed, and the cause has been brought here by writ of error for review.
Lane was injured on the date in question in plaintiff in error's mine by a fall of slate from the roof, which struck him and injured his right foot, broke his right leg, and caused some injury to his back. It is stipulated by the parties that they were both under the provisions of the Workmen's Compensation Act at the time of the injury, and that the accident arose out of and in the course of the employment. It is also agreed that notice of the accident was given to the employer within 30 days from the date of the injury, that medical aid had been furnished by the employer, and that all the compensation for the period of temporary total incapacity for work had been paid by the plaintiff in error.
The only question argued by counsel for plaintiff in error in this court is that there was no jurisdiction to make the award, and particularly that the Workmen's Compensation Act (Hurd's Rev. St. 1919, c. 48, §§ 126-152i) violates the provisions of the state and federal Constitutions as to due process of law. The assignments of error in this court cover this question, but the record in the circuit court fails to show any ruling of that court upon the constitutional question or any request for such ruling. A constitutional question, to be passed upon by this court, must first be raised and passed upon in the trial court, and the record must show that fact. The motion to quash the record contains no reference to a constitutional...
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