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4222 REVIEW GRANTED An unlicensed trimmer of a 15-foot-tall or taller tree is presumed to be the employee of homeowners who hired him, so his bringing a tool within 6 feet of an overhead high voltage line was a violation by the homeowners of a Penal Code section prohibiting such an act by anyone personally or through an employee, and in an action against the homeowners by survivors of the tree-trimmer, the plaintiffs are entitled to an instruction on negligence per se.CitationRAMIREZ v NELSON (Unlicensed Tree Trimmer) 138 CA4 890 [See: B&PC 7026.1; LabC 2750.5; PenC 385; EvC 669; SCIF v WCAB 40 C3 5]
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