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SPARLING v. PEABODY COAL CO.

No. 71-97.

16 Ill. App.3d 301 (1973)

306 N.E.2d 79

JUDITH SPARLING, Plaintiff-Appellee, v. PEABODY COAL COMPANY, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Rehearing denied January 28, 1974.

Attorney(s) appearing for the Case

Pope and Driemeyer, of East St. Louis (W. Thomas Coghill, Jr., of counsel), for appellant.

Carr & Raffaelle, of East St. Louis (Rex Carr, of counsel), for appellee.

Judgment reversed.

Mr. JUSTICE JONES delivered the opinion of the court:

Defendant appeals a judgment rendered for plaintiff on a jury verdict in the amount of $500,000 for personal injuries received when the plaintiff fell into a burning pile of slack or coal dust.

The site of the occurrence was a tract of 22 1/2 acres which had been devoted to coal mining purposes. Prior to 1947 the property was owned by the Perry Coal Company. That company operated...

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