Uren v. Golden Tunnel Mining Co.

*263The opinion of the court was delivered by

Dunbar, J.

The respondent sued the appellant for damages alleged to have been sustained from injury caused by a stone rolling down the mountain side and striking his foot. The appellant, which is a mining company, was-operating two tunnels on the side of a mountain, — one eight or nine hundred feet below the other. The work at the upper tunnel was operated by one gang of men, and the second or lower tunnel was operated by a separate gang of men. These working camps were situated in a narrow gorge in the side of the mountain. The testimony shows that Mr.…