Beeson v. Green Mountain Gold Mining Co.

Citations

• 57 Cal. 20

Syllabus

<p>Master and Servant—Negligence.—The law implies, as part of the contract of service, that the servant assumes all the ordinary risks of personal injury, except the negligence of his employer, incident to the business, including risks from the negligence of other servants in the same business, when ordinary care is used to select only such as are prudent and capable; and that the employer engages, on his part, that he will use ordinary care as well in the selection of laborers as of machinery and appliances; and this includes the obligation to keep in repair.</p> <p>Id.—Id.—The servant also assumes special or unusual risks where he either knows them, or it is his duty in the course of his employment to know them.</p> <p>Id.—Id.—Fellow-Servant—Definition.—One to whom the employer commits the entire charge of the business, with power to choose liis own assistants, and to control and discharge them, is not a fellow-servant with those employed under him, and the master is answerable to all the under-servants for the negligence of such managing assistant, either in his personal conduct within the scope of his employment, or in his selection of other servants.</p> <p>Id.—Id.—Id.—In an action by a wife for damages for the death of her husband, occurring in the employment of the defendant, it appeared that the death was caused by a fire originating from a defective pipe, put up under the supervision of the defendant’s superintendent; and it did not appear that the deceased knew or had reason to know of the defect. Held, that the superintendent was not a fellow-employee of the deceased in the sense intended by § 1070 of the Civil Code; and that the work of putting up the pipe, being done under his supervision, was the same as though done by him in person; that the deceased had a right to rely upon the implied engagement , of the defendant that the pipe was properly placed and constructed, and that the defendant was therefore liable.</p> <p>Id.—Id.—Damages—Instructions.—Held