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WERNER v. HOLTON

Docket No. 26560.

214 Cal.App.2d 577 (1963)

29 Cal. Rptr. 623

BILL WERNER, a Minor, etc., et al., Plaintiffs and Appellants, v. E.H. HOLTON et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Four.

March 28, 1963.

Attorney(s) appearing for the Case

Morris Lavine for Plaintiffs and Appellants.

Kinkle & Kinkle and Donald H. Dewberry for Defendants and Respondents.

KINGSLEY, J.

In the course of construction of a building, defendants had occasion to use a cement finishing machine which, as described in the testimony, had the appearance of a large lawnmower with horizontally rotating blades. While the machine was being used on a Saturday morning, one of the bolts holding one blade broke or sheared, causing the blade to malfunction. Because it was unwise to allow the machine (described as weighing between 200 and 300 pounds) to...

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