Perry v. Tonopah Mining Co. of Nevada

FARRINGTON, District Judge.

The allegations of the complaint are in substance as follows:

Defendant company is the owner of the Silver Top and Valley View mining claims, situated in Tonopah, near the well-traveled and principal streets, and adjacent to a thickly-settled part of the town. Near a path leading across these claims from Florence avenue to defendant’s mines there were at the time of the accident a number of open shafts and excavations; among them, and not far from the Silver Top working shaft, was an old abandoned stope, from which ore had been removed to the surface, leaving a large…