Foley v. California Horseshoe Co.

Citations

• 115 Cal. 184
• 47 P. 42

Syllabus

<p>Negligence — Injury to Minor — Contributory Negligence—Knowlebgb of Defects in Machinery — Assumption of Risk — Unusual Task—Question of Fact.—A minor employed in the operation of a machine used for the punching of boles in horseshoes, knowing the danger and risk to which he may be exposed from its liability suddenly to start, owing to a defective belt and shifter, the defects in which are known to him, assumes the perils and risks of his ordinary and usual occupation; but when engaged by order of the foreman in the unusual and strange task of screwing on a loose tap holt, which had fallen out from the box holding the shaft wheels at, the rear of the machine, it cannot be said, as matter of law, that, while so engaged, he assumes the particular risk of injury in the crushing of his arm from the catching of his sleeve in a cogwheel, owing to the Sudden starting of the machine, notwithstanding his knowledge that it is liable to gtart suddenly by reason of the defective belt and shifter, or that he has exercised less than the ordinary care required of him as a minor under the circumstances; but it is a question of fact for the jury, and not of law for the court, whether the minor, in the performance of such unusual task, duly exercised his judgment, taking into consideration his years, experience, and ability.</p> <p>Id.—Quantum of Care Required of Minor—Obedience to Foreman. The ordinary care which a minor of limited judgment and experience is called upon to exercise in a given act is not the same quantum of care which an adult would be called upon to use under the same circumstances; nor can a minor be expected to set up his opinion against the judgment and experience of the superior to whom he is given in charge and expected to obey; and it would be an extreme case in which a minor should be held guilty of contributory negligence in obeying the order of his foreman, representing his master, and given within the scope of his authority as foreman.</p> <p>Id.—Instru