The Alaska citizen., 1910-09-05

personal injuries alleged tO have been sustained hy the plaiutn by reason Of a fall of gravel and sand from the roof of a drift in tue mine ui the defendants on Vault creek in the Fairbanks Recording District
 The plaintiff. Norwegian. came to the United States iu lgu1 After working on a farm and in a meat packing establishment in Iowa. he later came to Seattle. where he was employed in logging and in lougShur. ing. He afterwards arrived in Fair banks and began work ill the Ge- fendant's mine on March lS. l9uN. He had no experience in mining but began his experience in defend. ants mine as a miner. his duties consisting in picking down and shoN- cling into small cars. thaWcd gray el and dirt carrying gold. and pushing the same to the bottom ol the shaft where it was hoiStcd to the surface. He continued steadily in this cm- ploymeut up until the Both day of August. lgU>. when. on the early morning, while shOyciing into cars. a portion of the roof. composed of waste gravel and sand. fell upon his back. while in stopping position, resulting in injury tO the plaiutin. of which he complains.
 He filed his action in this Court on the 18th day of February. l9u9. alleging that his injury was caused by and through the negligence of the defendants. in that, by reason of his employment. he was obliged and was ordered to work in the place where the accident occurred That hy Tea son of the negligence of the defend ants in failing 10 either provide ~uit- able timhering to maintain the root ill place, aS ii became thaWed by the action of the steam used iu thawing the ground. or in failing to have the said thawed part of the roof picked off, the accident and in jury happened.
 That by reason of his injury he was obliged to undergo treatment at a hospital. in the Town of Fair banks, from The 7th day of Septem- Der. 1908, until the 7th day of Oc, tober. 1908
 That the said accident resulted in wrcnching and slraiuiug his back. in the lumbar region. and causing coutusions To the muscles and liza ments thereof. and seriously and per maneutly injuring his back, result ing in great pain. both of body and mind. and physically disabling him from performing any kind of labor. That he has ever since, and now is. so incapacitated, and ever since, has and will continue during his life. suffer great mental and bodily pain and will be. and remain. wholly or partially disabled from work. That his earning capacity up To the time of bringing this action has been wholly destroyed. and for the re mainder of his life will be so en- tirely lost to him or greatly impaired. That defendants, by reason of the premises have damaged plaintiff in the sum of $10,O0OoO.
 The defendants answered denying the allegations of the complaint. and contend that the plaintiff in the ordinary course of his employment. on the morning of the accident, was engaged in shoveling into a car fur nished by the defendants. from the face of the drift in said mine. loose sand and gravel, which had been heretofore thawed in the usual course of mining. all of which was well known to the plaintiff. That the face of the thaWed sand and gravel was about five or six feet in height That it was the duty of plaintif 10 dig down all thaWed sand and gravel from said face. as he progressed with his work. That the plaintin failed to do so. and undermined the face of the loose sand and gravel. and failed to take away, and failed to pull down, as he should have done. and, as il was his duty to do. in the ordinary course of mining, all the sand and gravel in said face. but permitted some of it to remain over head; and while working under meath said loose sand and gravel. and as a result of plaintiffs careless ness and negligence ill not remov- ing the same. and without the knowl edge, negligence or fault of the de fendants. said roof fell upon the plaintiff That plaintiff knew that the face of the drift was from five to six feet in height, that it had been thawed to a distance into the face of the drift of about ten feet, consisting of loose sand and gravel, that the plaintiff knew if he took out the said sand and gravel from the face of said base and undermined the said sand and gravel, and permitted some of il to remain overhead, that there was a risk that such loose sand and gravel allowed to remain over head would fall upon him while he was so shOveling. That the plain tiff well knew the danger and peril of this situation before the alleged accident happened; we'll knew that the risk and peril was commonly in cident to such employment; that the risk and peril attending the digging out of thawed loose sand and gravel from the face of the drift of the mine, without moving all the thawed loose sand and gravel from overhead would result in danger to himself. That the plaintiff. disregarding the apparent condition of the face of said drift, and the apparent danger and peril of permitting loose sand and gravel to remain overhead, at the top of said drift, and to undermine the face of said drift, was willing to assume, and did assume. the risk and peril incident to said work and the place he was at work, with out pulling down the loose sand ana gravel which was over his head at the time of said accident, as it was his duty to do, and as he should have done for his own protection, and as he had been freQuently directed