Kevern v. Providence Gold & Silver Mining Co.

The court below granted a nonsuit. The evidence showed that the shaft in which the plaintiff was injured had been • divided by a row of posts extending down the center at a distance of about four feet from each other, firmly fixed in the roof and base-pieces; that in the space to the right of the row of posts, looking down, there was a laddér-way to be used by the men working in the mine, consisting of a row of steps about" fourteen inches wide and close to the posts; that in the other compartment of the shaft there was a double-rail car-track. The plaintiff when injured was ascending the…