Fererira

Fererira v. Silvey

Good Law
1918 Cal. App. LEXIS 200·38 Cal. App. 346·176 P. 371
Court of Appeal of CaliforniaOctober 3, 1918Civ. No. 1866.California5,361 words

Opinion

lead Opinion

Hart, J.

Plaintiff brought the action to recover from defendants damages for personal injuries received by plaintiff by reason of a team belonging to defendants running away. Judgment, following the verdict of a jury, was entered in favor of plaintiff and against the defendants, individually and as copartners, for the sum of five thousand dollars, from _ which judgment defendants prosecute this appeal.

Defendants are farmers, and, at the time of the injury complained of, were engaged in general farm work in Solano County. On the 25th of April, 1915, plaintiff was employed by them as a general ranch hand. At that time he was twenty-eight years of age, in good physical condition and was earning $40 per month and board. On the third day of June, 1915, the defendant, Frank Silvey, directed plaintiff to cut hay and to use for that purpose a certain team composed of one horse and one mule. Plaintiff hitched the team to a mower, the mule being on the off or right side. The mower was a right-hand cut, the sickle-bar being -on the right side. Plaintiff started cutting hay and on the first round the tongue of the mower fell down. He threw the sickle out of gear, tied the lines on the lever, went to…

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