McDonald v. Hazletine
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, San Francisco. The action was brought to recover damages for injuries to the plaintiff while in the service of the defendant as longshoreman, in loading the ship Western Shore with wheat. The plaintiff was employed in taking sacks of wheat from a table in the hold of the vessel and in stowing them away in various parts of the hold.
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Appeal from the District Court of the Twelfth Judicial District, San Francisco. The action was brought to recover damages for injuries to the plaintiff while in the service of the defendant as longshoreman, in loading the ship Western Shore with wheat. The plaintiff was employed in taking sacks of wheat from a table in the hold of the vessel and in stowing them away in various parts of the hold. The sacks were slid down a chute to the table, and it appears in evidence that the chute was so steep as to give the sacks great velocity. While the plaintiff was leaving the table with a sack over…
1Opinion of the Court
By the Court:
Chase was a person employed by defendant in the same general business as plaintiff.
The common employer was not bound to respond in damages for any injury occurring to plaintiff by reason of the negligence of Chase, in the absence of evidence that he had neglected to use ordinary care in the selection of Chase as a person properly qualified to discharge the duties imposed upon him. (Civil Code, sec. 1970; McLean v. Blue Point M. Co. 51 Cal. 255 ; Collier v. Steinhart, Ibid. 119.)
Judgment and order reversed, and cause remanded for a new trial.
2Cases cited1 opinion
- McLean v. Blue Point Gravel Mining Co.California Supreme Court · 1876
3Cited by7 opinions
- Daves v. Southern Pacific Co.California Supreme Court · 1893
- Congrave v. Southern Pacific RailroadCalifornia Supreme Court · 1891
- Stevens v. S. F. & North Pac. R.R. Co.California Supreme Court · 1893
- Brown v. SennettCalifornia Supreme Court · 1885
- Garrahy v. Kansas City, St. J. & C. B. R. Co.United States Circuit Court · 1885
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