Stephens v. Doe

Foote, C.

This was an action for the recovery of damages caused, as is alleged, by injuries received by the plaintiff while employed as a miner by the defendant.

The court below, after the evidence for the plaintiff had been introduced before the jury, granted a nonsuit, and from the judgment rendered in the premises this appeal was taken.

From the record it appears that the plaintiff sought-employment from the defendant as a miner, and was engaged and put to work as such; that under the orders of the defendant’s foreman, the plaintiff set off a blast in a stope, or sort of chamber dug into the…