Llewellyn Iron Works v. Smith

The plaintiff and respondent Llewellyn Iron Works was engaged in erecting tanks for the Dominguez Chemical Company. Prior to the date of the accident which was the cause of the controversy, the respondent hired a crane belonging to defendant and appellant Smith to assist in this work, together with two of the employees of appellant, defendant A. Stratton, who was the operator of the crane, and defendant Norris Balcko, who was the driver of the truck. Norris Balcko, at the time of the trial of this case, was found free of negligence and the case as to him was dismissed, with his costs. The respondent’s cause of action is of the nature known as a derivative one, which arose by virtue of subrogation under the provisions of the Workmen’s Compensation Act. An award was had under the Workmen’s Compensation Act against the Llewellyn Iron Works; this action being brought under authority of section 26 of the Workmen’s Compensation Act (Stats. 1917, p. 854; Amdt. Stats. 1927, p. 1213). Under this section the respondent became obligated to pay workmen’s compensation on account of injuries sustained by respondent’s employees through the negligence of appellants, and became subrogated to the…