John Furukawa v. Yoshio Ogawa

This is an appeal from a judgment of the district court, .sitting without a jury in a diversity suit, awarding appellee $3,324.00 for injuries to appellee. The court held appellant liable for knowingly maintaining in California a dangerous working condition unknown to appellee, causing the latter to be injured while working there under an agreement with appellant. Appellant contends (a) that he was not negligent and (b) that, if negligent, appellee was contributorily negligent.

The facts found by the district court are that appellant operated a dump yard. Appellee, plaintiff below, a gardener, paid a monthly fee for the privilege of depositing refuse therein. In the dump yard there was a pit in which appellant’s truck had been driven, and surrounding the pit was a concrete retaining wall which extended about one foot above the adjacent ground. The top of the sides of the truck in the pit extended about two feet above the pit’s retaining wall, and the distance between the wall and the truck was roughly eighteen inches. The court further found that when appellee was injured, appellant negligently maintained the top of the retaining wall with a covering of “dirt, grass, leaves,…