Petrocelli

This action was brought to recover damages growing out of the death of one Pietro Spina, sometimes known as Peter Spino, who was at the time in question employed by the plaintiff in error (defendant in the trial court) engaged in driving a team of 32 mules hitched to a large grain harvester on the Midway ranch of the plaintiff in error, in Merced county, Cal., on which harvester were also employed at the time four other men, named, respectively, Knight, Trainor, Albano, and Salapi, the latter working the header with a wheel, Trainor being the. sack sewer, and Knight foreman in charge of the harvester. At the same time there was also in the employ of the plaintiff in error a boy between 16 and 17 years of age by the name of Twining, who was furnished by his employer with a horse and two-wheel cart, whose duties were, among other things, to dfive from time to time to the harvester and get from the sack sewer the number of sacks of grain. The boy had been so employed for more than a month when, on the occasion in question, he was given by the plaintiff in error a new horse to drive, which he drove to the harvester, approaching from the rear, and was getting from Trainor a report of…