Kevern v. Providence Gold & Silver Mining Co.

Citations

• 70 Cal. 392
• 11 P. 740
• 1886 Cal. LEXIS 798

Syllabus

<p>Negligence—Employer and Employee—Fellow-servant. —The action was brought to recover damages for personal injuries. The plaintiff was an employee in a mine owned by the defendants. The shaft of the mine was divided by a frame-work of posts into two compartments, one of which was provided with a ladder-way for the use of the employees. The plaintiff, while ascending the ladder, was injured by a timber which had been negligently thrown by a fellow-employee into the shaft. Held, that the defendants were not liable, although the partition between the compartments may have been defectively constructed or insufficient in other particulars.</p>