Congdon
Congdon v. California Drug & Chemical Co.
Opinion
Lead Opinion
Chipman, J.
Plaintiff brings the action, by his guardian ad litem, to recover damages for injuries alleged to have been suffered while in the employ of defendant. He recovered judgment, from, which and from the order denying a motion for a new trial defendant appeals.
It is alleged in the complaint that, in the month of February, 1912, plaintiff, who was then of the age of nineteen years, was employed by defendant in the work of driving an automobile truck and the delivery of packages from defendant’s place of business to its various customers in Los Angeles County, and that, after so working for about four months, defendant shifted plaintiff’s employment to driving a delivery wagon drawn by a horse; that at no time during said employment did plaintiff have any knowledge of drugs and chemicals of any kind nor did he understand the natural dangers of said employment or dangers of handling the drugs and chemicals placed in his possession for delivery. The circumstances attending the injury are stated as follows: “That on the twenty-eighth day of June, 1912, and while so engaged as aforesaid with the said defendant, the said defendant caused to be placed in said wagon aforesaid, for delivery, a…