Court of Appeals for the Ninth Circuit October 2, 1911, No. 1,949 (Northam v. Boston & Montana Consol. Copper & Silver Mining Co.)

GILBERT, Circuit Judge

(after stating the facts as above). The plaintiffs in error contend that the facts shown on the trial were sufficient to carry to the jury the question of the negligence of the defendant in error on the ground of its failure to inspect the mine, and in permitting a large rock projecting from the wall to remain for several days, where it was in danger of falling as soon as