Harvey v. Mountain Pride Gold Mining Co.

*235Action by the surviving wife to recover damages for death -of the husband through alleged negligence of defendant. Trial to the court. Judgment for defendant. Plaintiff appeals. .The facts are undisputed. Defendant was operating a mine. Its workings were a tunnel 700 feet in,length, and a shaft which connected with the tunnel at a depth in the shaft of 147 feet from the surface and continued below the tunnel level 30 feet; thence downward on an incline to a depth below the tunnel level 350 feet. Over the mouth of the shaft was a building containing hoisting, pumping and other machinery…