Court of Appeals for the Ninth Circuit May 5, 1902, No. 763 (Davis v. Trade Dollar Consol. Min. Co.)

GILBERT, Circuit Judge,

after stating the case as above, delivered the opinion of the court.

We think the ruling of the trial court was clearly correct. Not only was the foreman of the shift of men who retired from the tunnel just before the shift to which the plaintiff in error belonged went in to work a fellow servant with all the members of that shift, within the doctrine of Mining Co. v.