Czarecki v. Seattle & San Francisco Railway & Navigation Co.

The opinion of the court was delivered by

Reavis, C. J.

Appellants were jointly operating a coal ndne at Leary, King county. John C. Czarecki, the deceased, had for several months prior to the 26th day of October, 1900, been in the employ of appellants as a coal miner. The general plan of working the mine was as follows: A gangway or tunnel had been driven in upon the vein of coal a distance of about 450 feet, and fifteen chutes, about 30 feet apart, had been driven above the gangway. Ko. 15. was inside chute. The chutes were *290driven, upward on the vein from the gangway at a pitch of between 40…