Verdelli v. Gray's Harbor Commercial Co.

Citations

• 115 Cal. 517
• 47 P. 364
• 1897 Cal. LEXIS 468

Syllabus

<p>Negligence—Injury to Minor—Unusual Work upon Dangerous Machine—Directions of Foreman—Failure to Instruct.—In an action for damages for alleged negligence, where the case made for the plaintiff shows that he was a minor, and was employed by the defendant to work upon a dangerous machine, and was directed by defendant’s foreman to do unusual work thereon, to which he was unaccustomed, and which was not such as the machine was adapted to do properly without special adjustment, and a special mode of operation, and that plaintiff was injured in the doing of such work, and had never been instructed by the foreman, nor by any agent of defendant, how to operate the machine, or warned of any danger to which he might be exposed in operating it, a judgment for the plaintiff cannot be disturbed for want of evidence to justify and support the verdict.</p> <p>Id. — Pleading — Several Charges of Negligence — Proof of One Charge—Support of General Verdict.—Where the complaint sets forth several charges of negligence, upon each one of which issue is taken, a general verdict for the plaintiff will not be set aside for want of evidence to support it, if there is sufficient evidence of negligence to justify it on one of the issues.</p> <p>Id.—Evidence — Cause of Accident — Statement of Plaintiff to his Attorney—Privileged Communication. —The plaintiff, in an action for negligence, cannot be compelled to state whether, when he consulted his attorney after the accident happened, he did not make a different statement to him as to the cause of the accident, from that made by him upon the witness stand.</p> <p>Id.—Attorney and Client — Policy of Law — Protection of Client. It is the policy of the law to encourage confidence between attorney and client, and to protect confidential communications between them from forced disclosure; nor can a client be compelled to disclose communications which his attorney cannot be permitted to disclose.</p> <p>Id.—Cross-examination—Improper Hypothetical