Nini

Plaintiffs appeal from a summary judgment in favor of defendant Roy S. Culberg, individually and doing business as Culberg & Dorn Machine Shop.

Question Presented

Were there any triable issues of fact?

Record

Plaintiffs, the widow and two minor children of Earl Felix Nini, filed a complaint for damages for his wrongful death. The complaint alleged that deceased, employed by Pacific Intermountain Express Company, was operating one of its trucks and trailers on which was loaded a 35,000 pound printing press; that defendant, his agents and employees, were negligent in chaining or affixing said press on said truck, causing said truck to overturn on the highway; that all activities connected with the transportation of heavy loads such as the press are ultrahazardous and inherently dangerous; that as a result of said negligence deceased was killed. Defendant answered, denying the allegations of negligence, proximate cause and damages,

Defendant moved for summary judgment. The supporting affidavit of defendant states that defendant purchased a printing press located in St. Louis, Missouri. Desiring to have the press transported to California, defendant entered into an arrangement…