Nofsinger v. Goldman

Citations

• 122 Cal. 609
• 55 P. 425
• 1898 Cal. LEXIS 642

Syllabus

<p>Negligence—Explosion of Defective Boiler of Threshing Machine-Injuries to Employee—Liability of Lessees.—Partners engaged as lessees in the operation of a threshing machine having an old, rusty, defective, and imperfect engine and boiler, are liable to their employee for compensatory damages for injuries caused by explosion of the boiler, while operating the machine.</p> <p>Id.—Damages not Excessive.—From evidence showing that plaintiff was horribly injured, and nearly flayed by the escaping steam from the exploded boiler, it may not be said that a verdict for damages in the sum of five thousand dollars is excessive.</p> <p>Id.—Employment of Unfit Engineer—Carelessness of Engineer—Requested Instruction.—Upon a charge of negligence in the employment of an unfit and incompetent engineer, the carelessness of the engineer is not involved, and a requested instruction that there was no evidence of his carelessness, was properly refused.</p> <p>Id.—Assumption of Risk by Employee—Knowledge of Specific Danger —Inapplicable Instruction.—An abstractly correct instruction as to the assumption of the risk by an employee who knows and understands the dangers of the situation is properly refused as inapplicable, where it appears that the employee was not an engineer, and was not chargeable with knowledge of the specific dangers to which he was subjected in his employment.</p> <p>In.—Mere Knowledge of Defects Insufficient.—The employee must not only know of the defects, but must also know the dangers and risks attending the operation of the machinery by reason of tlie defects; and an instruction that if he knew of the alleged defects in the machinery, or had equal opportunity with the defendants of knowing such defects, he could not recover, was properly rejected.</p> <p>Id.—Contributory Negligence.—A plaintiff employed as a “ roustabout” for a threshing outfit, who worked at various occupations as need arose, including the carrying of water, and occasional firing up of the engi