Golceff v. Sugarman
Citation | 36 Cal.2d 152,222 P.2d 665 |
Court | United States State Supreme Court (California) |
Decision Date | 13 October 1950 |
Parties | GOLCEFF v. SUGARMAN. S. F. 18185. |
Hallinan, MacInnis & Zamloch and Nicholas Alaga, all of San Francisco, for appellant.
Alexander, Bacon & Mundhenk and Herbert Chamberlin, all of San Francisco, for respondent.
In this action to recover damages for personal injuries the court, at the close of plaintiff's case, granted defendant's motion for a monsuit, and plaintiff appeals from the subsequently entered judgment. Upon consideration of the entire record, and of the authorities governing courts in passing on such motions, we are of the view that plaintiff's evidence was sufficient to require submission of the case to the jury, and that the judgment should be reversed.
A trial court must deny a motion for a nonsuit at the close of plaintiff's case (9 Cal.Jur. 558-559.) And as to our duty, (Kirk v. Los Angeles Ry. Corp. (1945), 26 Cal.2d 833, 837-838, 161 P.2d 673, 164 A.L.R. 1; see also Milana v. Credit Discount Co. (1945), 27 Cal.2d 335, 342-343, 163 P.2d 869, 165 A.L.R. 621; Mastrangelo v. West Side Union High School Dist. (1935), 2 Cal.2d 540, 544-545, 42 P.2d 634.)
Plaintiff, a general repair man of the age of 42, was the only witness concerning the happening of the accident here involved. He testified as follows: He entered defendant's store and there showed to an employe of defendant a cloth pattern of a tank cover plaintiff wished to purchased. The employe requested plaintiff to hold a ladder while the employe climbed it to a balcony. The balcony was at a height which plaintiff, who is 'five feet ten or eleven' inches tall, could reach by putting his 'hand in the air,' and the ladder was 'not a stepladder,' but just a 'plain ladder * * * two sticks and then sticks cross together,' which was leaning against and extending 'about two feet above' the balcony. Plaintiff held the ladder, and the employe 'Went on the balcony' and then stated to plaintiff, 'here are the tank covers * * * come on up here.' With the employe holding the ladder at the top plaintiff climbed 'two or three steps' up the ladder to a point where his head was 'Over the balcony'; at that point plaintiff handed the pattern to the employe, the employe left the ladder, the ladder began to slip, and plaintiff 'awakened' in the hospital.
The epitomized evidence is sufficient to require the case to go to the jury. Certainly a business 'invitor's responsibility is not absolute but he is 'required to use ordinary care for the safety of the persons he invites to come upon the premises * * *. " (Hinds v. Wheadon (1942), 19 Cal.2d 458, 460, 121 P.2d 724; see also Blodgett v. B. H. Dyas Co. (1935), 4 Cal.2d 511, 512, 50 P.2d 801; ...
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