Burns

Burns v. Southern Pacific Co.

Good Law
1919 Cal. App. LEXIS 868·43 Cal. App. 667·185 P. 875
Court of Appeal of CaliforniaOctober 20, 1919Civ. No. 2040.California1,852 words

Opinion

Lead Opinion

Plummer, J.

On and prior to the twenty-seventh day of June, 1917, Emmans Franklin Burns, a son of the plaintiff,' was in the employ of the defendant Jackson, picking fruit on his ranch in Sutter County. Defendant MeRoberts was acting as superintendent for defendant Jackson in the management of the farm and orchard on which plaintiff’s son was working. The defendant Prinderville was a chauffeur engaged in the driving of a truck belonging to the defendant Diggs, and was in the general employ of said defendant, but at the time in question both chauffeur and truck had been hired by defendant Diggs to defendant Jackson, and were under the exclusive control and direction of the latter.

In the afternoon of the day above mentioned, the defendant Prinderville was directed to take a load of apricots to a station named Oswald, on the line of the Southern Pacific railway, and Emmans Burns, a son of the plaintiff, as aforesaid, was directed to accompany the defendant Prinderville and assist in unloading the apricots and in loading empty boxes on the truck, to be brought back on the return trip. The defendant MeRoberts accompanied the truck to Oswald station, but does not appear to have had or exercised…

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