Bunker Hill & S. Mining & Concentrating Co. v. Schmelling

ROSS, Circuit Judge.

This was an action for damages growing out of personal injuries sustained by the defendant in error, who was plaintiff in the court below, alleged to have been sustained by him by reason of the negligence of the plaintiff in error, who was defendant below. The plaintiff was employed as a laborer in the defendant’s Bunker Hill Mine, and at the time of the accident was engaged in shoveling ore in the Williams s lope of that mine, alleged in the complaint to consist of a large chamber about 200 feet in length, about 100 feet in width, and from a few feet to 30 or 40 feet in…