Tesche

Tesche v. Best Concrete Products, Inc.

Good Law
160 Cal. App. 2d 256·1958 Cal. App. LEXIS 2116·325 P.2d 150
Court of Appeal of CaliforniaMay 9, 1958Civ. 17628California2,351 words

Opinion

Opinion

Wood, J.

Plaintiffs were awarded $10,855 for the loss of their 15-year-old son Robert who suffered death in a cement mixing machine at the plant of defendant Best Concrete Products, Inc.

The company and Bernard Blondín, Sr., its employee in charge of the machine at the time of the accident, have appealed. They claim (1) a fatal variance between pleading and proof, (2) insufficiency of the evidence, and (3) giving the jury erroneous instructions.

Our examination of the record convinces us that these claims are not well founded and that the judgment should be affirmed. A summary of significant facts in evidence will serve as an answer to most of these claims.

The Facts In Evidence

Defendant Best Concrete Products, Inc., owned a plant for the manufacture of concrete building blocks. The plant contained a cement mixer 7 feet long and about 3 feet deep. Inside it had two flat blades approximately 6 inches wide, and Yz inch thick set in a spiral. The mixer was electrically operated, and to set it in motion it was necessary to set a pull lever switch on the main panel, a push button switch on a pole and engage the clutch. Neither switch was locked.

Defendant Bernard Blondín, Sr., worked in…

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