Daly

Daly v. Wight

Good Law
1929 Cal. App. LEXIS 365·99 Cal. App. 127·277 P. 882
Court of Appeal of CaliforniaMay 24, 1929Docket No. 6713.California742 words

Opinion

Lead Opinion

Lucas, J.

By this action appellant Mary E. Daly, housemaid and servant of respondent Mary A. Wight, seeks to recover damages from said respondent and from respondents Anderson Brothers, plumbers, who were engaged in repairing the plumbing in the basement of the Wight home. It is alleged that appellant sustained personal injuries in the course of her employment by - reason of the negligence of the several respondents.

The evidence shows that on the day the injuries are alleged to have been sustained, Anderson Brothers had made an excavation in the floor of the Wight basement approximately three feet long and variously estimated to be from eight inches to a foot and a half wide and of a depth equal to its width. After Anderson Brothers had quit their work for the day, appellant went down to the basement for the purpose of turning off the electric lights, found the basement floor partially flooded with water, and while walking through the water for the purpose of turning off the lights stepped into the excavation, stumbled and fell against a sledge hammer, thereby bruising her body and fracturing two ribs.

The respondents Wight and Anderson Brothers filed separate answers, in substance…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.