O'Callaghan

O'Callaghan v. Bode

Good Law
1890 Cal. LEXIS 828·84 Cal. 489·24 P. 269
Supreme Court of CaliforniaJune 12, 1890No. 12852California2,417 words

Opinion

Lead Opinion

Gibson, J.

This was an action against the owners of a warehouse to recover damages for the death of one Francis J. O’Callaghan, which is alleged to have been *492 caused by the negligence of the defendants. The plaintiffs had a verdict and judgment, and the defendants appeal.

The general features of the case are as follows: The warehouse was oblong in form, and had a wide door and passage at one end, and a small door and passage at the other. These two passages were parallel with each other, and at right angles to the length of the building. Between them was a large room or space, in which bales of merchandise, etc., were so piled as to leave a passage or “gangway” connecting the two passages above mentioned. The office was on the passage-way leading from the small door. On the morning of the accident the employees were engaged in throwing bales of bags from the top of the pile into the gangway. The deceased was in the habit of coming to the building to deliver a publication called the Guide. He usually entered by the main entrance (the large door), came down the gangway to the passage leading to the small door, and put up the Guide in a room adjoining the office. On the day of the…

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