Pollard v. Foster

MARKS, J. This is an appeal from a judgment for personal injuries suffered by plaintiff when a truck crane was backed into him.

The accident occurred on September 11, 1940, when the parties were working on the Fullerton Dam, which was being constructed near the city of Fullerton in Orange County. The truck crane belonged to A. L. Poster, doing business under the name of Poster Sand and Gravel Company, and the crane was being operated by Hollis Brother McPherson, Poster’s employee.

Plaintiff and his partner had the subcontract of placing quarried rock in the outlet structure of the dam to prevent its banks from scouring. The various rocks weighed between five hundred and three thousand pounds. They were lowered into a trench at the foot of a concrete wall.by means of the crane.

The truck was twenty-two feet long, and the crane, with its operating machinery, occupied the body of the truck. The crane had a twenty-five-foot boom.

The rocks to be lowered into the trench at the bottom of the cement wall were piled about fifteen feet northerly from the wall. The crane truck was backed into position alongside this rock pile with its rear north of the concrete wall. The rocks had to be carefully selected and each lowered into [504]a position so that all pieces fitted closely in order to conform to the specifications prepared hy engineers supervising the job. Plaintiff selected each rock to be taken from the pile. He then returned to a position south of the crane truck and sat on the wall with his feet hanging on the north side. From this position he directed Foster’s employee just where to lower each rock into position. He did this by hand signals visible to the crane operator. During the operation plaintiff watched each rock being lowered into place directly below him. When one rock had been placed in position he would designate the next to be lifted from the pile and lowered into place. The accident happened after sixty-two rocks had been lowered into position and while the last was being placed.

The crane truck had two of Foster’s employees on it. Besides the crane operator there was a driver who sat in the cab. This driver was facing north during the operations. The movements of the truck by the driver were controlled by the crane operator signalling him.

The lowering of each rock into proper position could be controlled by movement of the crane and also by movement of the truck, forward and backward and sideways. During the operations the truck had made all four movements, though it had not approached closer than seven feet to the wall on which plaintiff was sitting. The crane operator knew of plaintiff’s position on the wall and could see plaintiff’s hand giving the signals. This witness testified that he could not see plaintiff, other than his hand, without “inconveniencing” himself.