Pre v. Standard Portland Cement Co.

CHIPMAN, P. J.

Action for personal injury.

It is alleged in the amended complaint that defendant is operating a cement plant known as the Portland Cement Works, Napa City; that prior to September 14, 1904, plaintiff entered the employment of defendant as a laborer at said works; that at the time of the injury complained of defendant was maintaining a room or house at its said plant, in which it stored ingredients used in manufacturing cement, commonly called “clinkers”; that such material was there stored in large quantities, forming a pile of considerable height; that after being stored in said room, said clinkers became heated to such extent as to severely burn any person on whom they might fall; that said room was so constructed that said clinkers, as they might be desired for use, could be caused to fall from such pile through holes which could be opened along one side of the floor of said room, into a shaft or conveyor below; that said clinkers, after being so stored, became slacked and “thereby became and were likely to run or slide, and when such holes were opened and such materials were thereby withdrawn from said room, the said materials which lay immediately above said holes would quickly run through said holes, and thereby would and did leave a high bank from said holes on said floor to the top of said pile of clinkers, and frequently, when a quantity of said clinkers had been so withdrawn, no inore thereof would run down said slope or bank”; that defendant “did not provide any machinery or appliance for the purpose of starting the remainder thereof to run into said holes, but would and did direct its employees to go into said room in the trough or vacant space from which such clinkers had been drawn or run off, and shovel said clinkers from said bank into said holes. That such bank was likely at any time to cave in and start to run, and frequently did cave and start to run down from said bank to the vacant space from which such materials had been withdrawn, and

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would and frequently did fill up said vacant space where said employees were directed to go with said clinkers from such hank, and thereby cover such employees with said heated clinkers.” It is then averred “that defendant well knew about said matters hereinabove mentioned and said place was not a good) safe or secure place to work in; and said defendant, well knowing the need thereof, did not provide therein a good, safe or secure place to work in, nor good, safe or secure materials or appliances to work with therein”; that, knowing said facts, defendant “directed plaintiff to go into said room or house at said plant' or works and to proceed to shovel said clinkers and cause the same to run into said holes. That' defendant did not inform plaintiff that said work was in any respect dangerous, and wholly failed and neglected to warn plaintiff of or concerning such or any danger therefrom, and wholly failed and neglected to furnish or supply plaintiff with a good, safe or secure place in which to do such work, or with a good, safe or secure tool or appliance with which to do such work. . . . That defendant well knew that plaintiff was wholly ignorant of any danger therefrom and without fault on his part, and while in said employ and engaged in said work so assigned to him by defendant and as directed by defendant, for want of due care and attention on its part, the pile of clinkers caved or slid from the bank thereof, by and through the carelessness .and negligence of said defendant, and plaintiff was thereby thrown down and buried by the caving of said burning and hot clinkers, and was thereby burned, crushed and bruised, and received serious injury therefrom.”