Inouye v. Pacific Gas & Electric Co.

Defendant appeals from a judgment entered in favor of plaintiffs and intervener in the amount of $84,968.38 in an action for wrongful death. The points raised on appeal are that the failure to instruct on assumption of risk constituted reversible error, and that the trial court committed reversible error in giving a certain formula instruction which did not include assumption of risk as one of the issues.

The facts, insofar as they are applicable to a determination of these points, are as follows:

Plaintiffs are the wife and children of decedent. Decedent was employed as foreman on the fruit…