Asbury v. Hecla Mining Co.

— Plaintiff’s action is to recover for personal injuries received on October 30, 1916, while driving a mule train consisting of seven cars carrying about two tons of ore each, along and upon an eigbteen-incb gauge railway track, in an approximately one-mile tunnel belonging to the defendant’s mine in Idaho. Plaintiff’s duty was to stand on a small plat*543form on' the front car of the train and drive the mnle. The speed of the train was about eight miles per hour. While in the tunnel and at a curve, he discovered a timber truck about fifteen to twenty feet ahead of him on the track. He jumped…