Nevis

Nevis v. Pacific Gas & Electric Co.

Good Law
1954 Cal. LEXIS 282·43 Cal. 2d 626·275 P.2d 761
Supreme Court of CaliforniaNovember 9, 1954S. F. 19039California3,862 words

Opinion

Opinion

Schauer, J.

Defendant appeals from a judgment rendered upon a verdict in plaintiff’s favor in his action to recover for personal injuries resulting when a boom on a hay derrick he was operating on ranch land came into contact with defendant’s high voltage wires. We have concluded that error in the instructions, complained of by defendant, was invited by it, that its other contentions are untenable, and that the judgment should be affirmed.

From the pleadings and the evidence it appears that the hay derrick was of a type in common use in the area in hay loading, and had been operated by its owner, Fernandez, for some 15 years. It was mounted upon a carriage fitted with wheels, was drawn about and operated by a jeep, and was equipped with a boom which could be raised and lowered. When in use the boom was raised and held in position by a chain.

On the morning of the accident plaintiff drove this equipment, with the boom in a lowered or horizontal position, to the Amen ranch, where the hay was to be loaded. Just before turning off the public road into the private entrance to the ranch plaintiff saw some wires running from the road to the house—which was about a block distant on the private…

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