Jennings v. Alaska Treadwell Gold Mining Co.

MORROW, Circuit Judge.

This action was brought by the plaintiff in error under section 353 of the Alaska Code of Civil Procedure to recover damages for the death of plaintiff’s intestate caused by - the alleged negligence of the defendant in error in failing to maintain in a reasonably safe condition the machinery and other appliances used in operating a hoisting apparatus in defendant’s mining shaft-. The case was tried before a jury. At the conclusion of the testimony defendant’s counsel moved the court to instruct the jury to return a verdict for the defendant, for the reason that it was…