Quincy Mining Co. v. Kitts

Kitts sued the mining company to recover damages for an injury alleged to have been suffered' by himself through the company’s negligence while in its employ as a miner. The declaration is given in the margin.* It appears from the evidence that what in *37the declaration is called a bridge over the chasm where the accident occurred, consisted merely of two timbers laid side by side, one of which broke and fell with the plaintiff as he was passing over. The timbers were of pine, and had been, in place some five years. The evidence tended to show that they disclosed no defect when put in, and that…