Brown

Under the two-year discretionary dismissal provision (Code Civ. Proc., § 583) this action was dismissed as to Southern Railway, the real party in interest and one of the defendants below, for lack of prosecution.

Although the complaint in the basic action is not before us, the parties agree that it was filed July 10, 1967, and named a number of Does as defendants. Plaintiff, petitioner here, was injured January 6, 1967, while unloading a box car. His action seeks damages from others than his employer on the theory that they improperly loaded the car or, as carriers, mishandled it en route. Southern Railway was served September 22, 1969, as a Doe, on the theory that it was one of the carriers who moved the car across country. It moved to dismiss on December 2, 1969, somewhat more than 28 months after the basic action was instituted. In 1968, interrogatories had been served upon two other defendants, and their answers, filed July 2d and August 12th, revealed Southern Railway as one of the carriers which had handled the car. Plaintiff’s affidavits to the trial court allege, without contradiction, that he had no earlier knowledge of Southern’s involvement, and that in…