Gold Hunter Mining & Smelting Co. v. Johnson

Good Law
147 C.C.A. 523·233 F. 849·1916 U.S. App. LEXIS 2521
United States Court of Appeals for the Ninth CircuitJuly 3, 1916No. 2667California5,678 words

Opinion

lead Opinion

Hunt, J.

Edward Johnson, defendant in error here, but who, for convenience, will be called the plaintiff, recovered verdict and judgment against the Gold Hunter Mining '& Smelting Company, plaintiff in error here, but who will be called the defendant, for injuries received while he was working in the defendant’s mine in Shoshone county, Idaho, on October 17, 1914. Writ of error is brought by the defendant company.

Plaintiff was a machine man on the night shift on the 400-foot level of the mine. He alleged that, finding his drill out of repair, it became his duty to take the drill to the level, and along the level to the shaft, and thence to the main station in the mine on a higher level, and exchange it for another drill; that in order to reach the shaft he had to go down from one floor to another of the 400-foot level; that manways had been provided for reaching the floors above the 400-foot level, and that to enable employes to go from the level to the floors above ladders were constructed and installed; ,that in the stope were ttwo manways, one extending from the 400-foot level in the westerly end of the stope forward to the third floor, and the other extending *851 from the 400 level…

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