McLean v. Blue Point Gravel Mining Co.
California Supreme Court
Appeal from the District Court, Tenth Judicial District, County of Tuba. The defendant was engaged in mining for gold at Sucker Flat, county of Tuba. The plaintiff was in its employ, and was engaged in picking dirt and gravel into the defendant’s ground-sluice. íhe defendant was engaged in blasting rock on the mine. One Began was the foreman of all the work, and had authority to employ and discharge hands.
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Appeal from the District Court, Tenth Judicial District, County of Tuba. The defendant was engaged in mining for gold at Sucker Flat, county of Tuba. The plaintiff was in its employ, and was engaged in picking dirt and gravel into the defendant’s ground-sluice. íhe defendant was engaged in blasting rock on the mine. One Began was the foreman of all the work, and had authority to employ and discharge hands. The plaintiff was struck'by a rock thrown from a blast a distance of about three hundred feet. He was exposed to injury by the blast, and it was by means, of Began’s negligence that he was…
1Opinion of the Court
By the Court:
Section 1970 of the Civil Code (which “ establishes the law of this State respecting the subjects to which it relates,” —Id. Sec. 4.) provides as follows:
“ Sec. 1970. An employer is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordinary risk of the business in which he is employed, nor in consequence of the negligence of another person employed by the same employer in the same general business, unless he .has neglected to use ordinary care in the selection of the- culpable employee.”
The injury to the plaintiff was caused by the…
2Cited by11 opinions
- Standard Oil Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1946
- Daves v. Southern Pacific Co.California Supreme Court · 1893
- Burlingame v. TraegerCalifornia Court of Appeal · 1929
- Congrave v. Southern Pacific RailroadCalifornia Supreme Court · 1891
- Trewatha v. Buchanan Gold Mining & Milling Co.California Supreme Court · 1892
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