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RICHARDSON v. HAM

Docket No. L.A. 23537.

44 Cal.2d 772 (1955)

285 P.2d 269

JAMES RICHARDSON et al., Respondents, v. HERBERT HAM et al., Appellants. BEN W. BARNETT et al., Respondents, v. HERBERT HAM et al., Appellants. MARCO J. MEDIN, JR., et al., Respondents, v. HERBERT HAM et al., Appellants.

Supreme Court of California. In Bank.

June 29, 1955.

Attorney(s) appearing for the Case

Gray, Cary, Ames & Frye, James W. Archer, Ward W. Waddell, Jr., and Thomas C. Ackerman, Jr., for Appellants.

McInnis, Hamilton & Fitzgerald, William T. Fitzgerald, Franklin B. Orfield, Thomas P. Golden and Hubert L. Rose for Respondents.

TRAYNOR, J.

Defendants, members of a construction contracting partnership, were engaged in earth moving operations in the development of a new subdivision located on top of a mesa in San Diego County. In their work they used two 26-ton Allis-Chalmers bulldozers, which were operated by two of their employees. The bulldozers did not have electrical ignition systems, and they could be started by pushing the compression lever in and stepping on the starter. The engine...

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