Malone v. Hawley
California Supreme Court
Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. This was an action for damages. The plaintiff was employed in March, 1871, as an under porter in the storehouse of the defendants, who were merchants in San Francisco. It was his duty to raise and lower goods from one story to another by means of a hoisting apparatus or “ cage ” worked by hand.
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Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. This was an action for damages. The plaintiff was employed in March, 1871, as an under porter in the storehouse of the defendants, who were merchants in San Francisco. It was his duty to raise and lower goods from one story to another by means of a hoisting apparatus or “ cage ” worked by hand. The hook attached to the hoisting rope hooked into a staple on the cage, and mousings were placed on the hook to keep it from unhooking. There was no way of knowing when the cage reached the lower floor…
1Opinion of the Court
By the Court, Belcher, J.:
The action was to recover damages for an injury sustained by the plaintiff while working on a hoisting apparatus, called a cage, in the store of the defendants. The plaintiff recovered judgment, and the appeal is from the judgment and from an order denying a motion for new trial. Whether the plaintiff knew of the defect which caused the cage to fall, and whether his carelessness contributed in any way to produce the injury, were questions properly submitted to the jury, and we cannot upon this ground disturb the verdict, based as it was upon conflicting evidence. The…
2Cases cited1 opinion
- Shea v. Potrero & Bay View RailroadCalifornia Supreme Court · 1872
3Cited by26 opinions
- Smith v. WhittierCalifornia Supreme Court · 1892
- Samuelson v. Cleveland Iron Mining Co.Michigan Supreme Court · 1882
- Hicks v. Ocean Shore Railroad, Inc.California Supreme Court · 1941
- Gorman v. County of SacramentoCalifornia Court of Appeal · 1928
- Green v. Southern Pacific Co.California Supreme Court · 1898
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