Alexander v. Central Lumber & Mill Co.
California Supreme Court
Appeal from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. The facts are stated in the opinion of the court. The complaint is defective, as it fails to allege that the defendant knew, or ought to have known, at the time of the accident, of the defective appliances. (Malone v. Hawley, 46 Cal. 415; Baxter v. Roberts, 44 Cal. 187; 13 Am. Kep. 160; Sappenfield, v. Main St. etc.
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Appeal from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. The facts are stated in the opinion of the court. The complaint is defective, as it fails to allege that the defendant knew, or ought to have known, at the time of the accident, of the defective appliances. (Malone v. Hawley, 46 Cal. 415; Baxter v. Roberts, 44 Cal. 187; 13 Am. Kep. 160; Sappenfield, v. Main St. etc. R. R. Go., 91 Cal. 48; Finney v. Curtis, 78 Cal. 498; 2 Thompson on Negligence, 1058; Sherman v. Western Trans. Go., 62 Barb. 150; Ryan v. Fowler, 24 N. Y.…
1Opinion of the CourtGaroutte, J.
Respondent was in the employ of appellant at its lumber-yard in the city of San Francisco. He was standing upon a high platform engaged in removing lumber from a rack, and while so engaged he fell therefrom and received serious injury. He recovered a judgment of five thousand dollars for such injuries, and this appeal is prosecuted from that judgment, and from an order denying a motion for a new trial.
Appellant’s demurrer to the complaint was overruled, and such ruling of the court is now insisted upon as error. That portion of the complaint attacked by demurrer is as follows-: “ That said…
2Cases cited8 opinions
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- Kreuzberger v. WingfieldCalifornia Supreme Court · 1892
- Magee v. North Pacific Coast RailroadCalifornia Supreme Court · 1889
- Reynolds v. LincolnCalifornia Supreme Court · 1886
- Stark v. WellmanCalifornia Supreme Court · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Joerger v. Pacific Gas & Electric Co.California Supreme Court · 1929
- Bank of Lemoore v. FulghamCalifornia Supreme Court · 1907
- Dyas v. Southern Pacific Co.California Supreme Court · 1903
- Nolan v. NolanCalifornia Supreme Court · 1909
- Devens v. GoldbergCalifornia Supreme Court · 1948
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