General Electric Company v. Max Rees

217 F.2d 595 GENERAL ELECTRIC COMPANY, a corporation, Appellants, v. Max REES and Mrs. Max Rees, husband and wife, individually, and Max Rees, as guardian ad litem for Sally Kay Rees and Judy Rees, Minors, Appellees. No. 13895. United States Court of Appeals Ninth Circuit. November 24, 1954. Moulton, Powell, Gess & Loney, Kennewick, Wash., for appellant. Theodore D. Peterson, Horrigan, Merrick, Peterson & Merrick, Pasco, Wash., for appellees. Before ORR, FEE and CHAMBERS, Circuit Judges. JAMES ALGER FEE, Circuit Judge. 1 This is an action for damages resulting from alleged negligence. It was set up in plaintiffs' second cause of action in general that one Harvey, employed by General Electric, was in the course thereof driving a bus on a public highway on January 15, 1952. It is further claimed that Harvey was suffering from a heart condition and hardening of the arteries to such an extent that his continued employment as a bus driver was dangerous to the public at large. It is complained that Harvey, under these circumstances, suffered a heart attack as a result of which the bus collided with the dwelling of plaintiffs Rees and caused personal injuries and destruction of…