Matthews v. Bull

Citations

• 5 Cal. Unrep. 592
• 47 P. 773
• 1897 Cal. LEXIS 938

Syllabus

<p>Contributory Negligence—Pleading and Proof.—In an action for personal injuries, plaintiff need not allege that he was not negligent.1</p> <p>Appeal—Conflicting Evidence.—A verdict will not be disturbed where the evidence is conflicting.</p> <p>Fellow-servants—Betaining Incompetent Employee in Service. Under Civil Code, section 1971, providing that “an employer must in all eases indemnify his employee for losses caused by the former’s want of ordinary care,” the employer is responsible for an injury caused to one employee by the negligence of another, whom he has retained with knowledge of his incompetence.2</p> <p>Employer’s Liability—Selection of Employees—Delegation.—A master cannot devest himself of responsibility for the selection and retention of competent servants by delegating the duty to another.</p> <p>Employer’s Liability Where Foreman Gives Signal.—Where an employee is injured by the dropping of a hammer of a pile-driver, at a signal by the foreman, before he was signaled by the employee putting a ring on the pile, the employer is liable if the foreman negligently gave the signal.</p>