Gisson v. Schwabacher

Citations

• 99 Cal. 419
• 34 P. 104
• 1893 Cal. LEXIS 682

Syllabus

<p>Master and Servant—Negligence—Dangerous Machinery—Insufficient Light—Risk when not Assumed by Servant—Contributory Negligence. —Iu an action by a laborer in a flouring mill to recover damages for injuries received by reason of the dangerous condition of the mill, where a verdict was given iu his favor, and it is undisputed that the place where the plaintiff was injured was extremely dangerous to a person working there, and that the defendants knew of its dangerous character, and that the machinery was unprotected by guards or railing, and could not be distinguished on account of the darkness of the room in which the plaintiff was taken to assist the foreman, it being lighted only by a lantern, which the foreman had with him at the time and place of the accident, and the evidence on the part of the plaintiff tended to show that he was never before in that particular place, and had no knowledge of the location of the machinery which caused his injuries, and that his general duties were not such as tó require him to have such knowledge, an implied finding of the jury that the injury was not caused by any of the ordinary risks of his employment, and that he was not guilty of contributory negligence, will not be disturbed upon appeal.</p> <p>Id.—Notice of Danger Essential to Assumption of Risk.—Unless an employee injured by dangerous machinery knew, or ought to have known, of the danger to which he was exposed in working near it, he cannot be said to have recklessly exposed himself to the danger, or to have voluntarily assumed the risks attendant thereto.</p>