Diehl v. Swett-Davenport Lumber Co.
California Court of Appeal
APPEAL from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. John Hunt, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtKerrigan, J.
This is an action for damages for personal injuries sustained by plaintiff while in the employ of the defendant corporation in operating a planing machine at defendant’s mill. The planing machine was provided with a wooden platform which was necessary for its proper operation. On the day that plaintiff began to operate the machine one of the surface boards of the platform was broken by a timber falling upon it. This defect was known to the defendant’s superintendent. For several weeks plaintiff operated the machine while it was in this condition, during which time he complained on a number of…
2Cases cited2 opinions
- Anderson v. SeropianCalifornia Supreme Court · 1905
- McFarlan Carriage Co. v. PotterIndiana Supreme Court · 1899
3Cited by6 opinions
- Johnson v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1924
- Bevin v. Oregon-Washington R. & Nav. Co.Oregon Supreme Court · 1930
- Foster v. PestanaCalifornia Court of Appeal · 1947
- Hoogbruin v. Atchison, Topeka & Santa Fe Railway Co.California Supreme Court · 1931
- Faulkner v. Big Rock Stone Material CompanySupreme Court of Arkansas · 1940
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