Court of Appeals for the Eighth Circuit December 9, 1907, No. 2,593 (Teis v. Smuggler Mining Co.)

PHILIPS, District Judge.

This is an action for personal injury. At the conclusion of the plaintiff’s evidence, the court directed a verdict for the defendant in error. To reverse this action the plaintiff has brought the case here on writ of error.

The plaintiff was an employé of the defendant, working in its mine, in which there was more or less gas escaping.