Collier v. Steinhart
California Supreme Court
Appeal from the District Court, Eleventh .Judicial District, County of Amador. The complaint alleged that the defendants owned and worked the “ North Amador Mine,” at Sutter Creek, by and through their superintendent and agent, Clenden, who had full power and authority from the defendants to superintend, direct, manage and control the working and operating of the mine, and to employ any and all servants and laborers in and about the working and operating of the mine, and to…
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Appeal from the District Court, Eleventh .Judicial District, County of Amador. The complaint alleged that the defendants owned and worked the “ North Amador Mine,” at Sutter Creek, by and through their superintendent and agent, Clenden, who had full power and authority from the defendants to superintend, direct, manage and control the working and operating of the mine, and to employ any and all servants and laborers in and about the working and operating of the mine, and to discharge them at discretion; and that all the laborers at the mine were employed by the defendants through the…
1Opinion of the Court
By the Court:
The demurrer to the complaint was properly sustained. Plaintiff, the appellant, relies on section 1970 of the Civil Code, which provides: “An employer is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed, nor in consequence of the negligence of another person employed by the same employer, in the same general business, unless he has neglected to use ordinary care in the selection of the culpable employee.”
The complaint alleges that the defendants had no immediate connection with the…
2Cited by6 opinions
- Daves v. Southern Pacific Co.California Supreme Court · 1893
- Congrave v. Southern Pacific RailroadCalifornia Supreme Court · 1891
- Trewatha v. Buchanan Gold Mining & Milling Co.California Supreme Court · 1892
- Stevens v. S. F. & North Pac. R.R. Co.California Supreme Court · 1893
- Brown v. Central Pacific Railroad Co.California Supreme Court · 1885
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