Bird

This is an appeal from a judgment in favor of plaintiff for damages received while working in a mine operated by defendants, taken within sixty days from verdict and entry of judgment, and comes before us upon the judgment-roll and a bill of exceptions.

The first point raised by appellant is that: “The amended complaint does not state facts sufficient to constitute a cause of action against either defendant, inasmuch as the alleged defects causing the accident were patent, not latent.” It is alleged in the amended complaint that defendants did not furnish, or exercise reasonable care to furnish, their employee, said plaintiff, a safe place in which to perform the work for which he was employed; but, on the contrary, the said defendants, in excavating their said mine, did negligently open and maintain a certain stope or chamber in this, “that by reason of the percolation of water through the ground immediately above said stope or chamber, the said ground, on and before said day, had become softened, disintegrated and loosened, and it therefore had become, on and before said day, necessary to furnish the said stope or chamber with props, supports, and timbers, in order to prevent…