Keast

Plaintiffs, the heirs at law of Alfred H. Keast, sued defendant to recover damages for negligently causing his death. From the judgment which followed the verdict of the jury in their favor, and from the order denying its motion for a new trial, defendant appeals.

Alfred H. Keast was a miner in the .employ of defendant, and at the time of his death was at work with a companion at the bottom of a shaft. By order of the foreman a timber was sent down the shaft, to be landed at the five-hundred-foot level. While the workmen at this point were engaged in hauling this timber from the shaft onto the station the fastening became detached and the timber fell, struck Keast, and so injured him that he died two days after. To lower the timber, “dogs,” to which were attached a chain, were driven securely into it. On this chain was a ring. To the end of the cable was attached a hook, and this hook was inserted in the ring. When the timber had thus been lowered to the five-hundred-foot level its descent was stopped, and the men at that level fastened a rope to it and proceeded to drag it onto the landing. It had not been lowered quite far enough to permit free entry to the landing, and…