Los Angeles Gas & Electric Corp. v. Superior Court

One Milosevich, while engaged in laying a gas main for petitioner in a public street, was killed by a car operated by Pacific Electric Railway Company. The widow of Milosevich brought suit against the Railway Company for damages for his death, alleging that her loss resulted through the negligence of those operating the car. The petitioner paid to the widow a sum of money under an award of the Industrial Accident Commission, in -a proceeding instituted before that body on account of the death of the husband. A short time after the widow commenced her action against the Railway Company petitioner filed suit against that corporation, seeking damages because of the payment of the amount of the award. Under the provisions of section 26 of the Workmen’s Compensation, Insurance and Safety Act (Stats. 1919, p. 920; Deering’s Codes and Gen. Laws, Consol. Supp. 1917-19, p. 1410), the full text of which section appears below, the two actions were consolidated. Immediately before the day on which the consolidated causes were to be tried petitioner filed with the clerk of respondent court a request for a dismissal of the action instituted by it, complying in all respects with the terms of…