Vertson

This action was instituted to recover damages from the City of Los Angeles and the Department of Water and Power of said city for personal injuries.

The United States Fidelity and Guaranty Company, compensation insurance carrier for Francisco and Ellington, plaintiff’s employers, who were independent contractors with said City of Los Angeles, obtained permission to intervene in the action and filed a complaint in intervention seeking to recover from the City of Los Angeles and its Department of Water and Power certain sums of money theretofore paid by said insurance carrier to plaintiff under the terms of the insurance contract made by said insurance carrier with plaintiff’s employers and a larger sum which it alleged it would be compelled to pay to said plaintiff in the future because of the injuries suffered by plaintiff which it was alleged had rendered him permanently and totally disabled for the remainder of his life.

Upon the conclusion of the trial a verdict was returned in favor of plaintiff. The defendants moved for a new trial which was granted. Plaintiff and the intervener appeal from the order granting a new trial.

The following facts are alleged in the complaint,…