CASES ARGUED AND DETERMINED IN THE SUPREME COURT OF ILLINOIS. THE SPRINGFIELD COAL MINING COMPANY ข. ELIZABETH GEDUTIS. Opinion filed April 18, 1907. 1. MINES-the kind of timbers which a miner desires to prop a roof should be determined by him. A miner has the right to demand such timbers, including props, cap-pieces and cross-bars, as he deems necessary for the proper supporting of the roof where he is working; and the fact that the mine manager, in his judginent, concludes that only props and cap-pieces are necessary, and furnishes them, but fails to furnish the cross-bars demanded, does not relieve the mine owner from liability for violation of the statute. 2. SPECIAL INTERROGATORIES—special interrogatories must relate to ultimate facts. The trial court is justified in refusing to submit a special interrogatory unless it relates to an ultimate fact of such a character that it would control the general verdict. 3. SAME when a special interrogatory is properly refused. A special interrogatory asking the jury whether there were any props and cap-pieces not in use in the room at the time the injury occurred, of suitable length and dimensions to have been used to prop the roof, is properly refused, where the jury might have found that such was the case, and yet, under the evidence, have found that the use of such props and cap-pieces, without the cross-bars demanded by the miner, would not have made the roof reasonably safe. APPEAL from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. J. A. CREIGHTON, Judge, presiding. CONKLING & IRWIN, and J. C. & W. B. MCBRIDE, for appellant. SHUTT, GRAHAM & GRAHAM, for appellee. Mr. JUSTICE VICKERS delivered the opinion of the court: This is an action of case brought in the circuit court of Sangamon county by appellee, against the Springfield Coal Mining Company, for damages by reason of the death of her husband, Kazimer Gedutis, who lost his life in appellant's mine August 16, 1904. The declaration charges appellant with a willful violation of the statute by willfully failing to deliver to the deceased, on demand, props, caps and timbers of suitable lengths and dimensions for securing the roof of his room, and that in consequence of such failure and willful misconduct of appellant a large mass of rock, slate, etc., fell from the roof of his working place, and so crushed, bruised and mangled Kazimer Gedutis that he died; that the deceased left appellee, his widow, and three children, dependent upon him for support. Upon a trial of the cause in the circuit court of Sangamon county the jury found appellant guilty and assessed appellee's damages at $1995. A motion for a new trial was overruled and judgment rendered upon the verdict, from which an appeal was prosecuted to the Appellate Court for the Third District, where the judgment below was affirmed. By a further appeal the record is brought to this court for review. At the time of his death the deceased was engaged in mining coal in room 25 of the Black Diamond mine, which was being operated by appellant. The roof over the work |