McCamish

McCamish v. Groff

Good Law
1927 Cal. App. LEXIS 731·83 Cal. App. 776·257 P. 79
Court of Appeal of CaliforniaJune 14, 1927Docket No. 3286.California892 words

Opinion

Lead Opinion

Finch, J.

The complaint alleges that the plaintiff was employed by the defendants, “during the night shift,” as engineer and operator of a seventy-five horse-power tractor; that the “tractor was guided by a tiller wheel, which moved to the right or left as the operator gave the direction in a circular frame to which was attached a scraper, devised for the purpose of scraping and keeping clodded dirt, weeds, stones, straw, and other obstructions from sticking to the steel tread surface of said tiller wheel”; that, at the time of the injury complained of and for a long time prior thereto, “said scraper was broken, destroyed and no longer in use upon said tractor, all of which was known at said time to the defendants”; that the “defendants did prior to and at the time the injury . . . was received, carelessly and negligently require, permit and cause said Geo. McCamish ... to operate said tractor in said defective condition and at such times as said tiller wheel ceased to revolve or turn and became clogged, as aforesaid by reason of clodded dirt, weeds, straw, stones, and other obstructions clinging thereto, to remove and pry the same from said tiller wheel by the use and aid of an iron…

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.