| Show Will Have n New Trial Philip T Coofc vs the BullionBeck and Champion Mining company appellant ap-pellant The lower court was reversed and a new trial ordered Opinion by Chief Justice Merrltt concurred In by Judges Bartch and King The plaintiff recovered a judgment In the First district court for 3000 damages dam-ages for personal injuries sustained while in the employ of the defendant company Cooke was working in the EurekaHi mine and fell through a board walk across the Daisy stope ailing 36 feet breaking one of his leg and otherwise bruising and hurt lag himself The defendants appealed on the ground that the accident1 was not caused by any negligence of theirs and if it was the plaintiff had been guilty of contributory negligence |