Pacheco v. Judson Manufacturing Co.

Citations

• 113 Cal. 541
• 45 P. 833
• 1896 Cal. LEXIS 822

Syllabus

<p>Negligence—Master and Servant—Unsafe Appliance — Defective Shears for Cutting Iron—Failure to Inspect.—A corporation engaged in the business of manufacturing iron and steel machinery, and using heavy shears operated by steam for the cutting of boiler iron, owes to its servants the duty of exercising ordinary care to keep them in a safe condition, and to use such practicable means and tests as common prudence shows to be proper for discovering defects which might bccur with time and use; and where such tests were not applied, and the shears, being cracked and weakened, broke, to the injury of an employee, on account of such discoverable defect in their condition, the corporation is liable for such injury.</p> <p>Id.—Inference of Negligence—Question of Fact—Nonsuit.—Whether the inference and conclusion of negligence should be drawn from the evidence, is a question of fact to be determined by the jury from all the circumstances in the case, where the court can see that it might be so inferred; and, in such case, it is error to order a nonsuit.</p> <p>Id.—Evidence—Dangerous Condition of Shears—Charge as to Management— Leading Question—Opinion op Witness.—Evidence is admissible to show that instructions were given to pick out quick and active men to work at the shears, so that they might get away from the shears in case of accident, as tending to show that defendant knew the shears to he a dangerous instrumentality; but it is not error to exclude a question which is leading, or which calls for the opinion of the witness ¡giving such evidence.</p> <p>Id.—Breaking oe Other Shears—Duty of Inspectors — Faulty Construction.—It is competent to prove that other shears made by defendant for cutting iron at its works had broken, as tending to establish the propriety of inspecting such machinery for defects; but where the injury arose from keeping the shears causing the injury in an unsafe condition, it is not permissible to inquire whether other shears broke because of faulty