Montana Supreme Court March 19, 1906, No. 2,238 (Friel v. Kimberly-Montana Gold Mining Co.)

MR. JUSTICE MILBURN

delivered the opinion of the court.

This is an appeal from an order granting a new trial, a motion for nonsuit having been made and granted. Plaintiff sustained personal injuries on August 21, 1903, while employed in the quartz mine of defendant, and the action was brought to recover damages.