McMillan v. North Star Mining Co.

The opinion of the court was delivered by

Hadley, J.

Respondent brought this suit against the appellant to recover damages for injuries received while he was working in appellant’s mine. A tunnel had already been driven for a distance of more than two hundred feet by others who had worked under a contract with appellant, hut who had quit the work. Respondent and another were employed by appellant to continue work in this tunnel. The employment was made by appellant’s foreman, who directed where the work should he done. The tunnel had *580the appearance of having been well cleaned up by the former…