Horace Gray

“ But be careful of the roof. Don't let it fall down on you. And be careful of the spiling.' Bunt and the other workmen decided that it would be safe to take out the post and did so, intending to go outside to get other timber. After the removal of the post, Bunt sat down to rest under the shattered roof, and part of the rock fell upon and mortally injured him. At the close of the plaintiff's evidence, the defendant moved the court to direct a verdict for the defendant, because the evidence would not warrant a verdict for the plaintiffs. ”

“ The suggestion that because the only witnesses of the accident, and whom the plaintiffs were therefore compelled to call, were in the defendant's employ, and might be prejudiced in its favor, the question how far they were so biased should have been submitted to the jury, is of no weight. ”

“ There was already a post of timber at that point, which had been put there only to hold the 'spiling.' or pieces of wood extending along the sides of the tunnel to keep back the 'gouge or selvage of the vein clay and slimy stuff.' The superintendent told the men that they had better put a post by the side of this one ”