Foster v. Pestana

The respondent recovered a verdict for $16,769.58 for personal injuries. Prom the judgment and from an order denying a new trial this appeal was taken.

The appellant Pestaña had a contract to lay sewer pipe and storm drains at a housing project in San Mateo County. On July 18, 1944 respondent drove a truck and trailer loaded with terra cotta pipe from a factory across the bay to the building site. On arrival the appellant Jensen, who was Pestaña’s foreman, got aboard the trailer and while the respondent drove slowly Jensen dropped over the side of the trailer 50 or so sections of pipe along…