Lawand v. California Products Co.

JENNINGS, J.

It is agreed by counsel for the respective parties in the above-entitled action that the single question presented on this appeal is whether or not the plaintiff, at the time when and the place where the injury complained of occurred, bore to the defendant the relationship of an invitee to whom the defendant owed the duty of keeping its premises in safe condition.

The action was instituted by plaintiff for the purpose of recovering from the defendant damages to compensate him for certain personal injuries which he suffered while he was on premises which were then being used by defendant in the business of making wine. The action proceeded to trial before the court and a jury selected for the purpose. At the conclusion of plaintiff’s case, the defendant moved the court for a nonsuit which was denied. When all evidence on behalf of both parties had been submitted and both sides had rested, defendant moved the court to direct a verdict in its favor. This motion was denied. The case was submitted to the jury which returned a verdict in plaintiff’s-favor in the amount of $1250. Thereafter the defendant moved the court to enter judgment in its favor notwithstanding the verdict. This motion was denied. Judgment was thereupon entered in conformity with the verdict. The defendant moved the court for a new trial which was denied. The defendant presents this appeal from the judgment.

The solution of the single problem here presented requires consideration of the evidence which was produced during the trial of the action. The evidence, as shown by the reporter’s transcript, indicates that at some time prior to November 16, 1933, the Gouldy Transfer Company had entered into a contract with appellant whereby the Transfer Company agreed to transport grapes by means of trucks from various ranches in Fresno County to appellant’s plant which was located in the city of Fresno; that respondent was an employee of the transfer company and on the above-mentioned date was en

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gaged in unloading grapes from the trucks of .his employer to a platform on appellant’s premises; that respondent had been directed by his employer to remain at appellant’s plant for the purpose of unloading the various trucks in which the grapes were being transported; that in doing the work assigned to him respondent used a pitchfork; that, in the process of unloading, juice from the grapes was deposited on the clothing and hands of the person engaged in the task and on the handle of the pitchfork and caused the worker’s hands and the handle of the fork to become sticky; that it was respondent’s habit to wash his hands and the fork handle after he had finished unloading each truck load of grapes; that in so doing he had used a water faucet which was located on appellant’s premises in front of the building in which appellant’s plant was housed and approximately 15 feet distant from the truck; that on the date of the accident the above-mentioned faucet was being used whereupon respondent inquired of one of appellant’s employees where he might wash his hands and was told that he might use another faucet which was located in appellant’s plant at the east side of the building; that respondent proceeded toward the latter faucet and in so doing walked along a passageway constructed of 2x6 cross boards 36 inches long placed side by side; that as respondent was walking along the above-described passageway the pressure of his feet caused one of the boards to tip upward leaving an opening into which his right foot slipped; that beneath the flooring of the platform there was a machine known as a screw conveyor; that respondent’s right foot came in contact with the blades of the machine as a result of which he suffered the injuries for which he sought compensatory damages.