The Alaska daily empire., 1915-07-14
 CASE IS
 QUASHED


 Victor vansteen'a suit for S5o,ooo damages from tho Alaska Gastineau Mining company was ruled out Of the United States court this morning when Juoge Robert ". Jennings granted the motion of Lewis p. Shaclleford. Of counsel for the defend ant. for an instructed verdict in favor of the defendant
 The plaintin was a member of the Belgian drilling crew during the driy- ing of the famous Sheep Creek tun- mel. On Che morning of July l5 1918, Stanley Byers. a machineman. drilled into missed hole, and some dyna- mite exploded Byers lost his sight D. Harrington was killed. Vansteen had both legs broken. his left having sustained a multiple fracture, and eight other miners were taken to the hospital suffering from shock. lt was the only accident during the driving Of the tunnel, which is 10000 feet long, and connects the Thane mill with Che Perseverance, mine
 Law Was court'o Monitor.
 Judge Jennings made it plain Co the jury that in his decision ne had no other course than to follow the law as laid down by statute and precedent lt was conceded, however, that had the accident occurred fifteen days later. the suit would have come under the provisiosn Of the act passed by the first Alaska iegislatur in 1913, which abolished the fellow-servant doctrine The law is known as the Sheep Creek Tunnel Law. It became effective August l, 1913.
 The courts opinion contained in thirty-four typewritten pages. was heard by twenty-two members of the local legal fraternity.
 Judge Jennings held that Vansteen was a fellow servant" of Shift Boss Paddy Miller and that ii the latter was negligent at an. it was the negli. gence of a fellow servant. and that the defendant, the Alaska Gastineau company. was not liable for the neg. ligence Of fellow servant
 Miiers Incompetence Not Shown.
 The court declared further that had evidence been introduced to prove that Miller was incompetent then the liability would rest on the com pany No evidence Of this characted had been adduced. he said
 The court traced the law regarding the master and the fellow servant from lS42. when Chief Justic Shaw made his famous decision defining the fellow servant doctrine This decis. ion may justly be called the trail blazer the court said.
 Referring to the authorities which had been cited to show that various courts had taken the opposite view of the fellow servant doctrine, Judge Jennings said the bulk of them were "as irreconcilable as they are muihitu- dinous
 counsel Is censured.
 When the instructed verdict was read by Clerk J. T. Reed Mir, Rust. gard. Vansteen's chief counsel. asked the court for a poll of the jury In denying the request, Judge Jennings rebuked the counsel. He said "You know as a lawyer that in civil case when motion for an instructed yer diet is granted the jury has no alter native but to render a verdict as di- rected
 The verdict was signed by Roy c. Datson who was designated by the jurors. as their foreman.
 yansteen at the present time is liv- ing at Douglas. No appeal will like ly be taken Mir. Rustgard and J. J. Reagan. associate counsel. indicated owing to the plaintiil's lack of funds
 The suit is likely to be the last damage action. as the worlmen's com DensatiOsn act is now in force.