Reynolds v. Salmonson

VAN DYKE, P. J. Plaintiff: Tommie Reynolds, a minor, brought this action against respondents to recover damages for injuries sustained when he was made blind by an explosion of dynamite caps on September 15, 1947. On July 25, 1955, a judgment of the court sitting without a jury was entered in favor of respondents, and plaintiff appeals.

Prior to the accident, appellant’s father and his family were living in a dwelling house located on orchard property owned by Franz Salmonson, his wife and their son Herbert. Franz and Herbert had operated the ranch for others from 1943 and became the owners a few months before the accident. Reynolds, senior, was employed by Franz and Herbert as a farm laborer. The dwelling house was furnished under the terms of his employment. A pump house, housing an electrically driven irrigation pump, was located about 60 feet from the dwelling. It was not kept locked. At the time of the explosion, appellant was 5 years of age, and on that day he, his brother Ronnie, aged 7, and a cousin Larry, also aged 7, were playing around the pump house. They entered it as they had frequently done. That they frequently entered the pump house was known to Herbert and Franz, who had warned them to stay out. On September 13th, the children had entered the pump house and had found a coat hanging on the wall inside. In the pocket of the coat they had found a can which contained dynamite caps. They had no knowledge of the danger of these caps. Ronnie took the can from the coat, placed it on a crossbeam in the pump house, and when the children entered on September 15th they took the can from the pump house and endeavored to open it by pounding on it with a piece of iron. The caps exploded, causing the injury for which appellant sued.

The evidence further discloses that in February, 1943, Franz purchased dynamite caps, which were used in blasting operations on a neighboring farm, operated by Franz and Herbert for its owners. When the blasting was over, some caps were unused, and these Herbert took, announcing his intention of disposing of them in the river. After the accident and preceding this action, Herbert died, but it was in evidence that, having announced his intention of disposing of the caps, he drove easterly toward the Feather River in[897]ferably for that purpose. The coat in which the caps were found by the children did not belong to any member of the Salmonson family nor to the family of appellant. There was evidence that at various times before and after Herbert and Franz became the owners of the ranch, they thoroughly cleaned the pump house and removed therefrom all loose articles and things not needed in the operation of the pump for the irrigation of the orchard; that when the pump was running it was necessary for someone to enter the pump house several times a day and inspect the pump ■ that among others who frequently entered for that purpose was appellant’s father; that no one so entering the pump house recalled having seen the coat prior to the accident; that neither Herbert nor Franz had ever had any actual knowledge of the presence of the caps in the pump house.