Whelan

This is an action to recover damages for injuries received by the negligence of the defendant (plaintiff in error). The complaint alleges that plaintiff (defendant in error), on the 23d day of November, 1891, while in the employ of defendant as a laborer at its mine at Douglass Island, in Alaska, was severely and permanently injured by being drawn through the chute from the ore pit when the draw in the tunnel below was opened to load the cars used in conveying the ore to the mill; that this accident occurred without any negligence on his part, by the negligence of defendant. The answer admits that the accident occurred, but denies that plaintiff was injured to the extent charged, or that his injury was caused by the negligence of defendant, and alleges that plaintiff was guilty of contributory negligence. Upon these issues the cause was tried before a jury, which resulted in a verdict in favor of plaintiff for $2,950. There was but one witness introduced on behalf of plaintiff, — the plaintiff himself.

The defendant owned a mill, mine, and chlorination works. It had a general manager. It also had a super *382 intendent or foreman in charge of each of its works. It had three…