Lyons

Lyons v. Knowles

Good Law
1893 Cal. LEXIS 1001·3 Cal. Unrep. 846·32 P. 883
Supreme Court of CaliforniaApril 11, 1893No. 18,010California1,729 words

Opinion

Lead Opinion

Temple, J.

This action was brought to recover damages for a personal injury, alleged to have been caused through the negligence of defendants. It is alleged that defendants, as partners, were engaged in quarrying rock and transporting the same by railroad, and employed one Dusy to haul the rock from the quarry to the railroad station, and there load the same on the cars; that by the terms of their contract with Dusy they agreed to furnish all necessary and proper machinery and appliances for the purpose of loading and unloading the rock, and to furnish assistance in loading the rock from the ground onto the cars; that in October, 1888, while Dusy was engaged in hauling and loading granite blocks under the contract, defendants, regardless of their duty, and the lives and safety of plaintiff and others employed in loading and unloading the same, carelessly and negligently caused to be attached to a derrick a block and tackle for the purposes of loading and unloading said granite, which block and tackle was used during all of the times mentioned in the complaint ; that said block and tackle, and particularly the hook of the upper block, was imperfectly constructed, defective, weak and unsafe,…

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