159 P. 724 | Cal. | 1916
Plaintiffs, suing as administrators of the estate of Manuel Gonsalves, deceased, brought their action against defendant for having negligently occasioned his death by putting him to work in an unsafe place. So far as concerns this appeal the negligence is conceded, it being stated in the transcript that "evidence was introduced by plaintiffs which, for the purpose of any appeal from the judgment herein, defendant admits tended to prove and was sufficient to prove that the death of Manuel Gonsalves was caused by the negligence of defendant." The complaint charged that the deceased at the time of his death was unmarried, that he died intestate, and left surviving him as his sole heirs at law and next of kin Antonio Gonsalves, his father, and Isabell Gonsalves, his mother, "both of whom at the said time of his death were dependent upon him for their support and maintenance." Further the complaint alleged that the action was brought for and on behalf of the deceased's heirs to recover the damage occasioned to them by his death. The jury rendered a verdict for plaintiffs in the sum of one thousand dollars, and they submitted to a reduction and remission of this verdict in the sum of four hundred dollars, upon the suggestion of the court that if this were not done a new trial would be granted. Thereafter defendant appealed.
Section
The court of appeal, which first heard the appeal in this case, held that the dependency of the parents — the heirs at law of the deceased — was not proved, and held further that touching the right of action of an injured employee, or of his representatives in case of his death, the general provisions of section
It was for the consideration of this important question that a hearing before this court was ordered. Heretofore this court has not been called upon to determine the matter. Thus inRuiz v. Santa Barbara Gas Co.,
The only question remaining is whether this cause of action, founded upon the employer's neglect in furnishing the employee an unsafe place in which to do his work, is one created by section 1970 But this question readily answers itself. It is not a cause of action created and given by section 1970, but one that has always existed under the statutory provision of the earlier section
The judgment and order appealed from are affirmed.
Melvin, J., Lorigan, J., Shaw, J., Sloss, J., Lawlor, J., and Angellotti, C. J., concurred.