Trewatha

After full consideration of this cause in Bank, we are satisfied with the conclusion reached in Department Two, and with the opinion prepared in Department by Commissioner Belcher. For the reasons given in that opinion, the judgment and order appealed from are reversed, and the cause remanded.

The following is the opinion above referred to, rendered in Department Two on the 16th of December, 1891:—

— The plaintiff brought this action to recover damages for injuries received by him while he was employed in defendant’s mine, known as the Buchanan Mine, in Tuolumne County. It is alleged in the complaint that, on the third day of June, 1889, the defendant was working its mine, and one James E. Donahue was the engineer employed by the defendant, and who at that time operated for the defendant its engine and hoisting-tackle used upon and in connection with the main shaft of the mine to hoist the rock and débris therefrom, and also to raise and lower the miners and other workmen working at the various levels connected with the main shaft; “ that at said time said Donahue was incompetent, negligent, and destitute of ordinary skill as an engineer, and the defendant, at such time, and for…