Taylor v. Hubbell Tucson Gas, Electric Light & Power Co. v. Hubbell

Plaintiff filed suit in Arizona’s superior court against Sanderson & Porter, a partnership, and its members for personal injuries. Diversity of citizenship existed, 28 U.S.C.A. § 1332 , and defendants removed the case to the federal court. 28 U.S.C.A. § 1441 .

Following removal Tucson Gas, Electric Light and Power Company, plaintiff’s employer, and the Industrial Commission of Arizona, a public agency, intervened as defendants. From a judgment for plaintiff ■entered upon the jury’s verdict defendants and intervenors bring this appeal.

To expand its capacity to supply electricity Tucson Gas contracted with Sander-son •& Porter for the construction of additional generating facilities. On June 17, 1949 plaintiff, a lineman of the Tucson company, was injured by bodily contact with high-voltage electrical conductors, part of the facilities then under construction by Sanderson & Porter pursuant to the contract.

Plaintiff applied promptly to the Industrial Commission of Arizona for workmen’s compensation. He was awarded payments > covering medical expenses and loss, of wages to August 30, 1949 when he discontinued presenting claims requisite for fur- ' ther award. October 24, 1949 he…