Russell v. Pacific Can Co.

Citations

• 116 Cal. 527
• 48 P. 616
• 1897 Cal. LEXIS 584

Syllabus

<p>Negligence—Master and Servant—Unsafe Water-closet—Discharge of Steam—Failure of Employer to Examine.—It is the duty of an employer in a manufactory to furnish a reasonably safe water-closet for the use of employees, and to use reasonable and ordinary care in the selection of it, and in the inspection and keeping of it in proper condition; and where the employer was accustomed to discharge steam into the water-closet through an exhaust pipe, which in proper condition, should have pointed downward toward the bottom of the vault, and have there mingled the steam with cold water emptied into the vault, and the employer neglected for four years to inspect the condition of the water-closet, and an employee, without contributory negligence, was seriously scalded and burned by steam from the exhaust pipe, which then pointed upward, the employer is chargeable with negligence, and is responsible in damages for the injury.</p> <p>Id.—Motion for Nonsuit—Supply of Proof by Defendant—Harmless Error.—Even if a motion for nonsuit should have been granted at the conclusion of the plaintiff’s evidence, the refusal to grant it is harmless error, where the defendant’s evidence supplies the requisite proof.</p>