Werner

Werner v. Holton

Good Law
1963 Cal. App. LEXIS 2646·214 Cal. App. 2d 577·29 Cal. Rptr. 623
Court of Appeal of CaliforniaMarch 28, 1963Civ. No. 26560California758 words

Opinion

Lead Opinion

Kingsley, J.

In the course of construction of a building, defendants had occasion to use a cement finishing machine which, as described in the testimony, had the appearance of a large lawnmower with horizontally rotating blades. While the machine was being used on a Saturday morning, one of the bolts holding one blade broke or sheared, causing the blade to malfunction. Because it was unwise to allow the machine (described as weighing between 200 and 300 pounds) to remain on soft concrete, defendants’ employee, assisted by another person, carried the machine a few feet outside the building onto an adjoining lot. This lot, ultimately to become *579 a parking area for the building, was at the time vacant except for building materials and construction debris. Defendants’ employee left the machine in this place, without guard or warning sign, and (it being Saturday afternoon) unattended by any fellow workmen, while he went to secure the parts necessary to effectuate a repair. About 4 or 4:30 that afternoon, plaintiff, then a boy of 14 about to enter high school, accompanied by a friend aged 15, passed the lot, saw the machine and entered onto the lot for the purpose of examining it more closely.…

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