The Pacific Reporter Volume 41 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 Excerpt: ...for a new trial. This appeal is taken upon the sole ground that the evidence is insufficient to justify the verdict, and it is alleged to be insufficient for two reasons: First, because no negligence is shown on the part of the appellant, the employer, In respect to the place where the injury occurred; and, second, because, whether negligence can be attributed to appellant, or not, the injury was the result solely of the foolhardiness and recklessness of the respondent. The appellant is a corporation engaged in operating a mine at Eureka, Utah. Its operations are extensive, and had been carried on for a number of years prior to the accident in March, 1894. The accident to the respondent occurred in what is known as the "Daisy Stope,"--a large opening in the mine, from which rock and ore had been extracted, extending from about the 200-foot level downward below the 700-foot level, a distance of some 500 feet or more. It is of varying width, and is filled with what Is known as "square sets"; being large, upright timbers, six feet in height, surmounted by caps six inches square. This is the ordinary and familiar mode of timbering large openings in mines. It serves the double purpose of a stay, upon which the miners work upward in extracting ore, and of supporting the ground, and preventing disastrous caves afterwards. And after the ore lias been extracted at a given point the planks which cover the square sets, called the "floor" of the set, upon which the ore is dropped and sorted, are removed to the next set above, or wherever else they are needed, and thereafter the timbers remain for lateral and vertical support to the walls of the stope. They need no supervision or repair, except at times when, on account of decay or extraord...