Smeltzley v. Nicholson Manufacturing Co.

Opinion

TOBRINER, Acting C. J.

Plaintiff’s original complaint alleged injuries caused by his employers’ failure to provide him a safe place to work; his amended complaint, filed after the statute of limitations had run, added a cause of action alleging that his injuries resulted from a defective machine manufactured by defendant Nicholson Manufacturing Company (hereinafter Nicholson). The trial court sustained Nicholson’s. demurrer without leave to amend, and entered judgment for Nicholson.

We reverse that judgment, In Austin v. Massachusetts Bonding & Insurance Co. (1961) 56 Cal.2d 596 [15…