Macaulay

The plaintiff in error brought this action in the court below to recover damages for an injury received by him while working in the defendant’s mine near Juneau, Alaska. At the time of the accident an upraise was being made from the tenth to the ninth level of the minej in which work the usual method was being pursued; that is to say, the upraise was being made by a power drill op *420 erated by two men. The upraise was on an incline of about 65 degrees, and had been extended about 90 feet from the tenth level. There was a short intermediate drift from this particular raise connecting with a stope to the east for purposes of ventilation, in which drift there was placed a small hand winch, which was used for drawing the necessary ladders up from below to be used in the prosecution of the extension of the upraise. The evidence shows without conflict that the upraise was being driven in the usual and miner-like way, in the prosecution of which work the operators of the drills, after drilling holes in the face of the upraise and inserting the explosives, shot them, thus breaking down the rock and fracturing some that for safety had then to be pried down before commencing to drill the…