Larsen

The action was one to recover damages on account of personal injuries. Trial was had before a jury, verdict and judgment in favor of plaintiff, and from the judgment and an order denying a new trial defendant appeals.

The contention of appellant that there is no evidence tending to show neglect on the part of defendant or its officers, if determined adversely to appellant, disposes of the questions involved in the motion for a nonsuit, as well as the other specifications of error presented.

We find evidence in the record tending to show that defendant was engaged in operating a mine from which it was seeking to extract infusorial earth. This earth when in place is shown to lie in strata overlying which heavier earth, ordinarily of a depth of five to six feet, is found. The safest and best way to mine for this infusorial earth was to first remove the waste on top. This was the customary way and the safest way. Defendant was undertaking, at the time of the injury complained of, to mine this earth without removing the waste and without propping or supporting the same, which was a dangerous method of procedure. Plaintiff, a youth of less than eighteen, without previous experience as…