McCall v. Pacific Mail Steamship Co.

Citations

• 123 Cal. 42
• 55 P. 706
• 1898 Cal. LEXIS 981

Syllabus

<p>Negligence—Liability of Principal to Servant of Contractor—Insufficient Appliances.—A principal who agrees to furnish to a contractor material, machinery, or appliances, which the contractor Is to use in the performance of his task, is liable to any servant or agent of the coñtractor for injury resulting to such servant or agent from his negligence, or inadequate performance of his contract, in not providing proper material, machinery, or appliances.</p> <p>Id.—Liability of Contractor—Selection of Materials—Presumption. A contractor can be held liable to his employee for injury resulting from defective materials furnished by the principal only when he has the right of selecting or rejecting materials so furnished. He will be presumed to have the right of selection and control unless by the terms of the contract such right is reserved to the principal.</p> <p>Id.—Tackle Furnished at Request of Stevedore—Injury to Stevedore’s Servant—Liability of Owners of Vessel.—The full extent of the liability of the owners of a vessel who contract with a stevedore to load and unload a vessel, to whom they furnish tackle on his requisition and subject to his selection, for injury resulting therefrom to a servant of the stevedore, is that the stevedore employed shall be one of experience and good repute, and that the tackle so furnished and selected should be apparently good, and satisfactory to the stevedore, and such as is usually furnished for like purposes.</p> <p>Id.—Latent Defect in Sling Furnished—Ordinary Care—Negligence not Imputable.—Where the injury to the servant of the stevedore resulted from a latent defect in a sling which constituted part of the hoisting apparatus, which defect was not discernible either by the owners of the vessel who supplied it, or by the stevedore and bis employees who had the right of selection and rejection of the sling, if the manner of examination was that usually adopted, and ordinary care was used to avoid accident in its selection, no n