80 Wis. 350 | Wis. | 1891
The testimony is voluminous. Only a brief outline of it can be here given, and that will be confined almost wholly to the.testimony of the plaintiff. From his testimony it appears, in effect, that he came to America in 1880 or 1881; that he went to Iron Mountain, Mich., in the spring of 1885; that prior to that his business was farming ; that he worked in a stone quany at Iron Mountain, taking out stone; that he thought his wages too small, and so went and worked shoveling ore on the cars on the surface of a mine at so much a ton; that he remained there about a month, when they raised his wages at the stone quarry, and then he went back and worked in the quarry; that he had trammed ore out west in a gold mine, under ground, but that it was not dangerous; that afterwards he went and shoveled ore under ground in the Chapin mine for about a month; that he then quit and went to Flor
It appears from other undisputed evidence that the place where the ore was thus dumped off was at or near the open end of the shaft which led into the mine; that the ore was brought out of the mine in small cars, propelled by two men to each car; that as you entered that shaft and went back into the mine, and nearly 100 feet from its mouth, there was a stope on the left running back in a lateral direction about sixty feet, from which ore had been taken, known as “ Stope No. 3; ” that as you continued in a direct line from the entrance of the shaft,— a distance of about 200 feet from the mouth,— you came to a turn-table, from which such cars ran on tracks into each of the three stopes having their respective openings at or near that point; that the stope nearly in a direct line with the shaft mentioned extended beyond the turn-table about 100 feet, and also in lateral directions, and was known as “ Stope No. 1; ” that
• It is very manifest from the other witnesses that Buddie' did go upon the first scaffold, and sounded the wall above* and tried to pull down the. ore. with a pick, but that it was. too'firm to do so; that, upon the second scaffold being built, he went upon that, and, after sounding the wall above, he called for the pick, and while the plaintiff; was in the act of getting it from the ground at or near where the' first scaffold stood the ore or rock' fell of itself upon the plaintiff.
■ Such is a fair outline of the facts and circumstances Under which the plaintiff was injured. There can be no question but. that .when the plaintiff entered upon his work as a
By the Court.— The judgment of the circuit court is affirmed.