Arthur C. Huser v. Santa Fe Pomeroy, Inc., Arthur C. Huser v. Santa Fe Pomeroy, Inc.

Good Law
513 F.2d 1298·40 Cal. Comp. Cases 927·1975 U.S. App. LEXIS 15249
United States Court of Appeals for the Ninth CircuitApril 9, 197573-2660, 73-2551California702 words

Opinion

Opinion

Before ELY, HUFSTEDLER, and KILKENNY, Circuit Judges.

Santa Fe Pomeroy, Inc. (hereinafter Pomeroy) entered into a contract to erect a large hotel building in San Francisco, California. In connection with the project, Pomeroy manufactured reenforced concrete pilings in Petaluma, California and transported the pilings, in its own barges, to a pier on San Francisco’s waterfront. The pilings were transfer red from the barges, either onto a pier or directly onto tractor trailers parked on the pier, for their subsequent conveyance to the building site. The removals of the pilings from the barges was accomplished by means of cranes affixed to the barges. Huser, an employee of Pomeroy, was the foreman of the particular unloading operation out of which this litigation arose. The crane operator, the oiler, and all journeymen pile drivers who were part of the unloading crew were also-employed by Pomeroy. Thus, except for the tractor-trailer equipment to which pilings were being transferred from the barge at the time of the accident and the operator thereof, Pomeroy was the owner and employer, respectively, of all other equipment and personnel engaged in the operation.

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