Tice v. Kaiser Co‪.‬

The heirs of Roy Alfred Tice, deceased, plaintiffs and appellants, brought this action against defendant and respondent Kaiser Company, Inc., a Nevada corporation, for his wrongful death. The complaint alleges that on June 27, 1947, at Fontana, the deceased met his death as a result of being struck by a bridge crane, negligently operated by defendant. The answer of the Kaiser Company, Inc., which corporation operates a steel mill where the accident happened, admitted the employment of the crane operator, W. H. Machin, one of the defendants named herein (the cause of action against him was subsequently dismissed by plaintiff), denied negligence, pleaded contributory negligence of the deceased, unavoidable accident, and assumption of risk. Trial by jury resulted in a verdict against defendant for $45,000. Thereafter, a motion for judgment notwithstanding the verdict was made and denied, reserving the right to apply for a new trial under section 629 of the Code of Civil Procedure, and the authority of Estate of Green, 25 Cal. 2d 535, 545 [154 P.2d 692].