Southern Pac. Co. v. Superior Court of Sacramento County

Petitioners above named filed in this court a petition for a writ of prohibition to prevent the respondent superior court from proceeding to try two actions now pending. We issued an alternative writ and set the matter for hearing before this court.

In October, 1951, a collision between a train of the Southern Pacific Company and a truck in which 13 or 14 farm workers were riding occurred at an unguarded railroad crossing. Five actions were filed as a result of the accident. They were: Tonasialo Quiroga and Atilano Aguirre v. Southern Pacific Company, et al.; Francisco Perez v. Southern Pacific Company, et al.; Juan Castaneda v. Southern Pacific Company, et al.; Alejo Vargas, Jesus Vargas and Juana Vargas v. Southern Pacific Company, et al.; and Eliud Garcia-Trevino, as administrator of the estates of Jesus Garcia, Jose Gonzales, A. Aguilar and Jose Concepcion Gallegos v. Southern Pacific Company, et al.

All of the above named actions were filed prior to August 23, 1952.

On September 21, 1954, the American Automobile Insurance Company filed an action against Southern Pacific Com pany et al., alleging that it was the workmen’s compensation insurance carrier for the employer of…