The Alaska daily empire., 1915-06-18
WATERLOO CENTENARY SE=S BIG BATTLE IN FRANCE
ENEEB0NE CASE OUT
 or COURT

-a-
 Judge Robert W. Jennings this morning granted the motion of Attor- noy Lewis P. shaclaeford. for non. suit in the W. ]. Kneebone $75.OOO damage suit against the Alaska Gas tineau Mining company and the case, which has been trying for two days. was suddenly terminated. The iur. ors were dismissed ! IT, Cobb at- torney for Kneebone, filed an ex- ception to Judge Jennings decision but has not yet announced what course he will now take.
 In discussing the testimony Judge Jennings held the law to be that the case hinged on the question of the employers negligence and stated that the plaintin had failed to establish proof of negligence on the part of the Alaska Gastineau company
 Plaintlfi'o Wife Last Witness.
 J. II. Cobb, counsel for Kneebone, rested the plaintiffs case at 2:3O O.. clock yesterday afternoon Photo graphs showing Kneebone as he ap. peared before he was hurt. and in his present condition were introduced as evidence. over the protest of Mr.
 Shackleford Mrs Kneebone wife ot the plaintiff was the last witness on the stand for the plaintiff A mild sensation was caused when she told MT. Shacklcford. when under cross examination that she would not an swer his questions She had been asked if she recalled a conference in General Manager Thames office. when Mir. Shacklegord was present where she had told Mr. Thane she was a niece of Jacob Schi0, New York banker. Judge Jennings sustained Mir. Cobb's objection to the question, and 1t was moment later that Mir Shacldeford moved for a non.suit
 In arguing the motion for nonsuit the defense contended that the plain tiff had failed to establish the fact that the injury was caused by the negligence of the defendant that the evidence showed the plaintiff to bel an experienced miner and not an in- experienced one as alleged; that the plaintiff assumeu a known risk that the neglect of the plaintiff if any. as compared with the neglect of the de- fendant, if any, does not come within the exceptions of the statutes relating to the liability of employees in Alas lSa, that the means at hand were am pie Co protect Che plaintiff if he had used ordinary care The defense cit ed in further support of it's motion the fact that Kneebone himself stated through a deposition that the ground after the blasting showed no appar ent danged. This was coroborated by expert witness. Magnussen who was on the stand Thursday morning. At- torney L.. P. Shackelford argued the case for the defendant company
 Answering the argument, J. H. Cobb attorney for the plaintiff stated that Kneebone was all the time acting m- der the specific orders and instruc- tions Of his superior officer shift boss. and that he had no choice but to do as he was told
 Injured Man Expert Miner
 Kneebone is one of the best.known and expert miners in the Juneau dis trict. He was a shift boss during the driving of the 1O-OOO-foot bore from Sheep creek to the Persever- ance. Two years ago he married Miss Mildred Sweigert. the ceremony be- ing performed aboard the steamship Spokane. by Capt Harry Cam, as the Spokane was crossing Queen Char. lotte Sound. on one of her voyages two years ago. Mir. and Mrs. Knee. bone went to San Francisco on a wed. ding trip and the picture of Kneebone, introduced yesterday. was taken at that time The second photograph was taken last Saturday, at Knee bone's home on Fourth street, where he has slowly been sinking for sev- eral weeks.
 Kneebone sustained a broken back on February 3. this year He had been sent into No. 2 level, west drift, of the Perseverance,. to timber sec tion where the overhanging rock had become loosened It was after blast ing, and after the rock had been "barred down" that he was hurt. Rock fell on him as he was bending over to place a post in position. HeI was removed to st. Ann hospital, and two or three weeks later when it was certain he could not live, he was ta- ken to his home.
 Kneebone is 2S years old, and vas born in Hancock, Michigan. whore heI has relatives.