A miner was getting into the bucket by which he was to be lowered into the mine when owing to the chain not being checked his weight carried him rapidly down and he was badly hurt. In an action for damages against the mine owners the jury found that the system for lowering the men was faulty ; the man in charge of it negligent; and that the engine and brake by which the bucket was lowered were not fit and proper for the purpose. Printed rules were posted near the mouth of the pit providing among other things that signals should be given, by any miner wishing to go down the mine or be brought up, by means of bells, the number telling the engineer and pitman what was required. The jury found that it was not usual in descending to signal with the bells; and that the injured miner knew of the rules but had not comnlied with them on the occasion of the accident. On appeal to the Supreme Court of Canada from a judgment setting aside the verdict for plaintiff and ordering a new trial.
Held, reversing said judgment (8 B. C. Rep. 344) and restoring the judgment of the trial judge (7 B. C. Rep. 414), that there was ample evidence to support the findings of the jury that defendants were negligent; that there was no contributory negligence by non-use of the signals the rules having, with consent of the employees and of the persons in charge of the men, been disregarded which indicated their abrogation; the new trial should therefore, not have been granted.
Held further, that as the negligence causing the accident was not that of the persons having control of those going down the mine, it *PRESENT :-Sir Henry Strong C. J. and Sedgewick, Girouard,. Davies and Mills JJ.