Baxter v. Roberts

Citations

• 44 Cal. 187
• 1872 Cal. LEXIS 178

Syllabus

<p>Risks Employe Takes ok Himself.—One who contracts to perform labor for another takes upon himself such risks only, as are necessarily and usually incident to the employment.</p> <p>Employes Bound to Tell Employe of Eisks ik Employment.—If the employer has knowledge that the particular employment is, from extraneous causes, hazardous or dangerous to a degree beyond what it fairly imports or is understood by the employe to be, he is bound to inform the employé of the fact, and if he fails to do so, he is lia.ble to the employé for such damages as he sustains by reason of such causes.</p> <p>Idem.—The above principle is not affected by the fact that the danger known to the employer arises from the felonious or tortious designs of third persons, acting in hostility to the employer.</p> <p>Idem.—The employé is entitled to all the information the employer may possess, with regard to the danger of the employment, arising from extraneous causes, to enable him to determine for himself whether, at the proffered compensation, he will assume the risk and incur the hazard.</p>