Rosewarn v. Washington Gold Mining Co.

Hayne, C.

This was an action against the owner of a mine for damages for injuries received from a broken bell-wire while being hoisted up the shaft of the mine. Judgment was given for the defendant, and the plaintiff appeals. The evidence is not brought up, and therefore the findings must be accepted as true.

The negligence set forth in the complaint consists in the use of defective machinery. The allegation is as follows: “ That one of said wires was composed of such poor material that the same broke on the 2d of October, 1881, at or near the three-hundred-foot level of said mine, and by the…