Rosewarn

This was an action against the owner of a mine for damages for injuries received from a broken bell-wire while being hoisted up the shaft of the mine. Judgment was given for the defendant, and the plaintiff appeals. The evidence is not brought up, and therefore the findings must be accepted as true.

The negligence set forth in the complaint consists in the use of defective machinery. The allegation is as follows: “ That one of said wires was composed of such poor material that the same broke on the 2d of October, 1881, at or near the three-hundred-foot level of said mine, and by the negligence and carelessness of said defendants, its agents and servants, in the selection of said *220 wire, and in fastening the same to the timbers of said mine at such long distances apart, to wit, about one hundred feet apart, that said broken wire became coiled in the middle of said shaft, and while plaintiff was being hauled to the surface of the earth through said shaft, on said 2d of October, 1881, at the close of his day’s work, on said bu/.ket, said • wire coiled around the right leg of plaintiff just below the knee,” whereby he was injured.

It will be seen from this that the complaint set…