Mugford

(after stating the facts as above).

It is argued that the court should have directed a verdict for the defendant. One ground urged is that, the dance having been given by the fire department and Miss Mugford having been a guest of the fire department, she was a licensee as to the Treadwell Club and the Treadwell Mining Company. It is also said that the evidence did not show that the walk proper was a public highway, or that the platform which connected the walk with the club house was a public highway. Neither ground is well taken, for the testimony was that the general superintendent of the Mining Company employed the manager of the club building, that the walk upon which people went in going into and coming out of the club house was used as a thoroughfare, that the defendant company made repairs on the thoróughfare, that at different times its employees repaired the walk in front of the club, and that the assistant superintendent of the Mining Company gave instructions to the manager of the club. The evidence justified the conclusion that it was a part of the duty of the superintendent to supervise generally the surface work, and that with the head carpenter he inspected the…