
    No. 2567.
    Harris v. Simon.
    November Term, 1889.
    In action by a widow and administratrix to recover damages for the killing of her intestate in a lime quarry by a rock thrown upon him by a blast from the neighboring quarry of defendant, the Circuit Judge (Hudson) granted anon-suit. On appeal, the non-suit was set aside, the court saying: “We have carefully read the evidence reported, and find that there was some pertinent testimony, especially upon the questions of notice and warning that a blast was about to take place. True, some of the testimony was negative, the witnesses stating that they heard no hallooing or, other warning, as was usual in such cases; the other witnesses stating that they did hear such hallooing, but that it was in a low voice, and down in the mine, and not on the hill, from whence it might have been heard. Under these circumstances, it seems to us that this testimony should have been weighed by the jury. It may have been wholly insufficient to sustain the allegation of negligence in this regard, but that, it seems to us, was a matter entirely for the jury.”
    Judgment reversed.
    March 11, 1890.
    
      S. Wilson and W. W. Thomson, for appellant.
    
      Duncan Sanders, contra.
   Opinion by

Mr. Chiep Justice Simpson,  