Stewart v. California Imp. Co.

Citations

• 6 Cal. Unrep. 432
• 61 P. 280
• 1900 Cal. LEXIS 1120

Syllabus

<p>Municipality—Liability for Personal Injuries.—A City Hired from .an Improvement Company the use of a steam roller and engineer. The city had full control over the movements of the steam roller, and directed its engineer where to operate it. The company paid the salary of the engineer, and had the power to discharge him. The roller, being directed to operate where the ground was too soft to hold it up, sank in the mud, and the engineer, in a proper exercise of his duties, put on full steam, and extricated the roller from the mud. The steam then escaped with a loud noise, and frightened the horse of a traveler, who was permitted by the city’s superintendent to approach without warning, injuring him. Held, that the city was liable therefor, and not the company.</p>