Nixon v. Selby Smelting & Lead Co.

Citations

• 102 Cal. 458
• 36 P. 803
• 1894 Cal. LEXIS 668

Syllabus

<p>Negligence—Fellow-servant—Foreman.—A foreman employed by a corporation, notwithstanding the higher grade of service in which fie is employed, is a fellow-servant with other employees in so far as he serves in the places, or with the machinery or appliances prepared and furnished by the corporation; and, for the consequences to fellow-servants of his negligence in the performance of such services in the places, or with the machinery or appliances thus prepared and furnished, the corporation is not responsible.</p> <p>Id.—Foreman, When Representing Principal—Preparation of Places and Machinery.-—In so far as a foreman is authorized and employed to prepare the places in which other servants are to work, or to furnish the machinery or appliances with which they are to work, he represents the corporation; and his negligence in the performance of those services is the negligence of the corporation.</p> <p>Id.—Liability of Smelting Company—Insufficient Hose—Injury From Acid—Negligence of Foreman.—Where the foreman of the silver-room of a smelting company extemporized a hose for the conducting of hot, diluted acid into a waste-tank, by connecting two pieces of old hose slipped over a piece of lead pipe, over which the two ends met, but which were not tied or fastened to the pipe except by their elastic force, the smelting company is liable for injury caused by the slipping of the hose from the lead pipe, whereby the acid was discharged upon the shoulder and back of au employee, who had no notice that the hose was defective, or that he exposed himself to danger by using it.</p> <p>Id.—Contributory Negligence—Conflict of Evidence—Appeal.— Where the evidence is conflicting as to whether the defect in the hose was known to the employee, or was patent to an ordinary observer, a finding thereon in his favor will not be disturbed upon appeal.</p>