Downey v. Callery

TATE, J.,

dissents from the denial. The facts characterized by the Court of Appeal as a delegation do not constitute in law a delegation of the president of this small company’s duty to furnish a safe place to work in this hazardous manufacturing plant, which had no safety program whatsoever. The Court of Appeal should not have disturbed this reasonably-based factual finding by the trier of fact.

DIXON, J., is of the opinion the writ should be granted. CALOGERO, J., would grant the writ.