Burian

Plaintiff by his guardian ad litem, sued defendant to recover damages for injuries which he sustained while in defendant’s employ. He charged that he was a waiter in the Bristol Cafe in Los Angeles, owned and operated by defendant. As such waiter he was earning, and was capable of earning, two hundred dollars a month. He was directed by his employer to carry a box containing silver dinner knives to a mercantile establishment known as Hamburger’s. The package weighed about 150 pounds. The taking and carrying of this box from the Bristol Cafe to Hamburger’s “was outside of the scope of the employment of plaintiff, but that plaintiff did not refuse to obey such order and direction for fear of losing his said position as a waiter in the employ of defendant; that plaintiff was wholly inexperienced in the carrying of heavy weights, and while apprehensive as to his ability to carry safely the said box and its contents, nevertheless obeyed said negligent order given by defendant as above set forth. Plaintiff further, alleges that defendant’s officers, agents, and servants negligently failed to warn plaintiff of the danger or of any danger in carrying or attempting to carry the said box…