The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1913-09-04
DAMAGE SUIT BROUGHT
BY JOHN MORRISON
ASKS SUM OF $t2,5o0 FOR INJURY
RECEIVED FROM FALL
ING ROCK.

Inc complaint In the case OF Johi
Morrison VS.. the Green HILL Clevelant
Mining company was filed In the dis
trict court August 80. John +. Graz
Of Occur dAlenc and Therrett Towle,
of Wallace, are attorneys for plaintiff
Following are the main points of the
plaintiffs contention as set forth In
the complaint:
That the plaintff Is resident OF
the state of Washington, residing In
Seattle, King county, Washington.
"That on the 2Sth day of January
1913, and prior thereto the plaintiff was
IN the employ of the defendant as a
laborer working in its mines In Sho-
shone county, Idaho.
THAT the plaintiff was working on
the l60o-foot level Of the defendants
mine and in the slopes above said
level That the accident to the plain
tiff occurred about 8 o'clock on the
evening of the said 2Sth day of Janu
airy, 1918 That the duty Of the plain
tiff was to issue out the candles and
tools to the various men working on
the said level and after issuing said
candles and tools, to then go to the
place where he had been directed
either at that time or heretofore by
the shift boss of the defendant COM.
pany, and to there engage in mucking
rock, waste and ore.
THAT on the evening of the 2Sth
day OF January, 1918. after delivering
the said candles and tools as it was
the duty Of the plaintiff to do, the
plaintiff thereupon proceeded to the
point where he had been directed to
work Heretofore by the shift boss in
one of the slopes above the 16O0-foot
level and was returning to the place
where he had been engaged in muck
ing prior to the lunch hour. That as
the plaintiff was walking along either
the fourth or fifth floor Of said 1900.
foot level from the place where he
delivered the said tools and candles TO
the place where he was required to 60
to muck the said rock, ore and waste
and at point near ore shoot No. on
said fourth or fifth floor of said level,
and while the plaintiff was in the ex-
ercise Of due care on his part, without
notice whatsoever, a large piece or
slab of rock fell from the roof floor
or more above where the plaintiff was
required to work and fell upon the
plaintiff and struck the plaintiff and
seriously and severely injured him, as
is hereinafter more fully set forth.
Plaintiff further alleges that the de-
PENDANT had Heretofore excavated
above the floor upon which the plain
tiff was walking and had placed some
timbers therein, namely, posts and
caps, and the work was then being
done on the floor above that on which
the plaintiff was walking. That the
said roof of the floor on which the !
plaintiff was walking at the time of |
his injury had at some time prior |
thereto been Jagged over and pro-
tected from the falling rocks from the |
roof above, but the said tagging had !
been removed without notice to plain. |
tiff al some time previous to the acct |
dent to plaintiff, Of which fact plaintiff |
had no knowledge or warning. That
the plaintiff was required in going to
the place where he had to work to
walk along the said slopes and the
said floor and it was his duty to walk
there in going to his said work. That
he defendant negligently, carelessly
Ind wrongfully failed and neglected to
nave the same made reasonably safe,
md the dangerous rock removed from
lbove the said place where the plain.
iif was required to walk and had neg
igently failed to protect the same by |:
agging over the top thereof. and had !
legligently removed or permitted to be
'emoved the tagging that had been
'laced there at some prior time.
THAT it became and was the duty of |,
he defendant to cause the same to be {
imbered and any loose rock to be re- II
moved therefrom so that the same
you'd not fall and to inspect the said "
oof so as to prevent the loose rock "
rom falling from above and onto the Is
|oor where this plaintiff was required 4
. walk in going to his work II
That prior to the said 2Sth day Of II
anuary 1913. the plaintiff was a II
trong. healthy man of the age of 81 II
ears, with life expectancy of over Il
. years. was in the possession Of all 1
his faculties, competent laborer. 1
ipable of earning and actually earn I
lg the sum Of $3.50 per day.
That because Of the neglect and !
,relessness of the defendant, as here
before stated, and without fault or i
egligence on the plaintiffs part, the II
lid piece or slab of rock fell upon and Il
yainst the plaintiff as hereinbefore Il
cited. and the plaintiff was crushed II
I'd bruised by said rock, and the left II
itella Of the plaintiff was fractured Il
Id he became so bruised and wound
In his limbs and body that ne be-
me and was for long time sick and
re and confined to his bed at the
evidence hospital at Wallace, Idaho.
ON January %, 1913, to April 2s. 81
10, during all of which time said lie
aintiff suffered tormenting pains and OF
dured great mental and physical dc