Harris v. Chisamore

Opinion

BRAY, J. *

In an action for personal injuries plaintiff appeals from judgment, after jury verdict, in favor of defendant.

Issues Presented

1. Failure of court to instruct on duties prescribed by the Labor Code.

2. Error in instruction on assumption of risk.

As will be shown herein, plaintiff’s contentions must be sustained and the judgment reversed accordingly.

Evidence

While engaged by defendant as a hauler of rock with his own truck, plaintiff was injured by a piece of flying rock in a quarry operated by defendant. Defendant operated by having a bulldozer push quarried rock over a 50 to 75…