Warner v. Pittsburgh-Idaho Co.

— This is an action by respondent against appellant to recover damages for personal injuries alleged to have been caused by reason of his being confined underground in the mining property of appellant while the mine was filled with smoke and poisonous gases, resulting from a fire in the mine, on January 3, 1917.

The complaint stated four separate causes of action, but at the termination of the taking of evidence, respondent *258dismissed the second and fourth causes, and the case was submitted to the jury upon the first and third counts of the complaint. The first is based upon the alleged failure…