Ruff

Ruff v. Industrial Accident Commission

Caution
123 Cal. App. 168·1932 Cal. App. LEXIS 858·11 P.2d 17
Court of Appeal of CaliforniaApril 29, 1932Docket No. 8453.California489 words

Opinion

Lead Opinion

Nourse, J.

Petitioner Buff is an individual doing business as College Park Dairy. Bert Kessler was employed by Buff to drive one of his dairy trucks in the delivery of milk. Michael Moscato, a boy of fifteen years, was employed to help Kessler, his only duty being to ride on the truck and to deposit the milk at the doors and to return empty bottles to the truck. While on a regular delivery route, Kessler stopped at a service station to have the truck serviced. He drove the truck upon the hydraulic hoist and then he and Moscato walked away leaving the truck in the hands of an employee of the service station. Another track belonging to Ruff drove into the station at this time and Kessler climbed into the seat of the second truck. While he was there engaged in conversation with the driver of the second truck the employee of the service station called to Moscato to come over and help him. The boy went to the hydraulic hoist, where he was lifted up to the seat of the truck by this employee to help him in turning the steering gear. Kessler did not see the boy and did not know what he was doing, but, a short time after he had been called by the employee of the service station Kessler heard a cry…

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