Reports of Cases Determined in the Supreme Court of the State of California (Volume 136)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902. Excerpt: ... dangerous character, or in a dangerous place, from youth, inexperience, ignorance, or want of general capacity, may fail to appreciate the dangers, it is a breach of duty on the part of the master to expose a servant of such character, even with his own consent, to such dangers, unless he first gives him such instructions or cautions as will enable him to comprehend them, and do his work safely with proper care on his part. The foregoing from a Wisconsin case is quoted with approval in the three well-considered California cases following: Ingerman v. Moore, 90 Cal. 410;l Ryan v. Los Angeles etc. Co., 112 Cal. 244; Verdelli v.' Gray's Harbor etc. Co., 115 Cal. 517. The last case cited clearly illustrates that it was negligence in the superintendent of defendant to put plaintiff to work at the saw without specific instruction how to work it in the safest way, and warning him as to the liability of the board to slip and of the saw to catch the board, thus throwing the hand onto the saw. The case should have been left to the jury. (Holloway v. Pasadena etc. Ry. Co., 130 Cal. 177; Foley v. California Horseshoe Co., 115 Cal. 184.2) We advise that the judgment and order appealed from be reversed., Smith, C, and Cooper, C, concurred. For the reasons given in the foregoing opinion the judgment and order appealed from are reversed. McFarland, J., Henshaw, J., Temple, J. Hearing in Bank denied. S. F. No. 2119. Department Two.--June 20, 1902. JOHN E. NASH, Respondent, v. ERNESTINE KRELING, Appellant. Judgments--Offset--Improper Execution Pending Motion.--The owner of a lesser unsatisfied judgment which has become final is entitled upon motion to have it offset and credited upon a larger unsatisfied judgment which has become final against him in favor of his judgment...