Aguilar

Aguilar v. Riverdale Cooperative Creamery Ass'n

Good Law
104 Cal. App. 263·1930 Cal. App. LEXIS 1041·285 P. 889
Court of Appeal of CaliforniaMarch 3, 1930Docket No. 6801.California1,704 words

Opinion

Lead Opinion

Respondent, an employee of one Dr. Goodrich, was performing certain work for his employer in a drier on premises belonging to appellant, and while doing so his hand came in contact with a revolving fan and was severed. Thereafter he brought this action for damages against appellant, claiming that his injuries were proximately caused by the defective and dangerous manner in which the fan was constructed and allowed to be operated. The trial took place before a jury, which rendered a verdict in respondent’s favor, and from the judgment entered thereon this appeal was taken. A reversal is sought on a number of grounds, among those urged being that according to respondent’s own testimony his injuries were brought about as a result of his own carelessness. But the first question presented for determination is whether respondent was upon appellant’s premises as an invitee, as he claims, or as a bare licensee, as contended by appellant; for if his status was that of a bare licensee he is harred from recovery because, in that capacity, he assumed all the risks attached to the condition of the premises or which were incident to the operation of the business conducted thereon, and appellant…

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