Sowden v. Idaho Quartz Mining Co.

Citations

• 55 Cal. 443

Syllabus

<p>Attornev of Record—Associate Counsel—Service.—The complaint was signed, “G. D. B., plaintiff's attorney.” On the trial G. D. B. and II. V. R. appeared as counsel for the plaintiff. Service of motion for a new trial was accepted hy “ H. V. R., one of the attorneys for the plaintiff.” Service of notice of appeal was admitted by “ G. D. B. and H. V. R., plaintiff’s attorneys.” Service of the transcript was admitted by “ G. D. B. and H. T. R., attorneys for plaintiff and respondent.” Transcript was indorsed “G. D. B., Esq., and H. V. R., Esq., attorneys for respondent,” and briefs filed with similar indorsements. Then G. D. B. files a separate brief, making the point that the notice of motion for new trial had not been served upon himself as attorney of record. Held, that the objection came too late.</p> <p>Master—Servant.—In an action by an employe for injury incurred in the course of the employment, the Court, at the request of the plaintiff, instructed the jury that “The servant assumes no risks, except such as existed at the beginning of the employment, and such as are incidental to the business.” Held, that the Court should have added words equivalent to, “ or which existed during the course of the employment, of which the employe had knowledge or was bound to have knowledge.”</p> <p>Id.—Id.—Damages—Hegligence—Instruction. — Certain instructions defining the liability of master to servant for injury incurred in course of employment approved. (The instructions will be found in statement of the case.)</p> <p>Evidence — Reputation — Hegligence. — The issue being, was E. powder a reasonably safe powder, and did the defendant exercise due care in ascertaining its safety? a witness was asked,—the defendant objecting—“ Wliat was the reputation of E. powder as a safe or dangerous compound?” Held, error; it not appearing that the reputation asked for ever came to the knowledge of defendant, or that it existed at any place where defendant was bound to inquire.</p> <p>Id.—