Hennesey v. Bingham

Citations

• 125 Cal. 627
• 58 P. 200
• 1899 Cal. LEXIS 917

Syllabus

<p>Negligence—Suppoet of Vebdict—Conflicting Evidence—Pbesumption upon Appeal.—In an action to recover damages for personal injuries alleged to have been caused by the negligence of the defendant, where the evidence is conflicting it must be presumed upon appeal from a judgment for the plaintiff that the jury believed those witnesses whose testimony was favorable to the plaintiff.</p> <p>Id.—Assumption of Bisk by Sebvant—Question fob Juby—Befusal to Insteuct fob Defendant.—Where the jury were warranted in finding from the evidence that the mode adopted by the defendant in carrying on the work in which plaintiff was employed was unusually and unnecessarily hazardous, and that in the hurry and noise of the work the warning given was insufficient to protect the workmen from dangers attending the work, the question whether the plaintiff, by accepting the employment, assumed the risk of the injury suffered, is for the jury to determine, and it was proper to refuse to instruct them to find for the defendant.</p> <p>Id.—Duty of Masteb to Pbovide Safe Place—Fobheb Expebience of Safety—Question fob Juey.—It is the duty of a master to use due diligence to provide his servant with a safe place in which to do his work. Former experience of safety may have some bearing upon the question as to whether he has taken the proper precautions, but its value is for the jury to determine, and it is not a proper basis of an instruction to find for the defendant.</p> <p>Id.—Negligence, when a Question fob Juey.—When different conclusions as to negligence can reasonably be drawn from the admitted facts, the inference as to the ultimate fact is within the province of the jury, though the facts are undisputed; and it is not proper for the court to instruct the jury as to which inference is to be adopted by them.</p> <p>Id.—Misleading Instbuction—Secubity of Defendant by Washing fbom Fellow-sebvant—Assumption of Unusual BiskQuestions fob Juby.—A requested instruction to find for the defendant,