Fisher

This is a petition for a writ of mandate to require the respondent court to dismiss a civil action as to the petitioner for the failure of the plaintiff to bring such action to trial within five years after the filing thereof.

On February 7, 1952, an action for personal injuries was commenced in respondent court entitled “Bussell Georgianna, Plaintiff, vs. Floyd C. Fisher, John A. McDonald, et al, Defendants.” The complaint in said action alleges that the plaintiff was a painter employed by the painting subcontractor on a construction job and was injured in falling from a stepladder as a result of the negligence of a workman laying the subflooring in the building in which the plaintiff was working. It is alleged that the defendant Fisher was the general contractor and the defendant McDonald was a subcontractor and that the plaintiff is in doubt as to which of said defendants is liable. On September 8,1952, defendant Fisher, the petitioner herein, appeared in said action by filing his demurrer to the complaint and thereafter, on June 30, 1953, the petitioner filed his answer to an amended complaint. Defendant McDonald was served with summons and complaint on February 23, 1954, and…