Commonwealth Bonding & Casualty Insurance v. Pacific Electric Railway Co.

The plaintiff corporation was the insurer of the Los Angeles Daily Express Company upon its liability to its employees under the workmen’s compensation law, and brought this action to recover from the defendant Pacific Electric Railway Company, for damages caused by the collision of one of the latter’s electric street-cars with a motortruck of the Express Company, on which one George L. Makley was riding, and which was driven by a fellow-workman, Penn Hart. Both of these men were employees of the Express Company. Makley was thrown from the motor ear by the collision and had both legs cut off by the electric car. The plaintiff company, having paid the compensation allowed Makley under the workmen’s compensation law, is maintaining this action under its subrogated claim against the Electric Railway Company.

The collision took place in Hollywood, in the city of Los Angeles, at the intersection of Hollywood Boulevard, which runs approximately east and west, and Wilton Place, a street running north and south. The motortruck was proceeding toward the south on Wilton Place and the electric car was going toward the east on the south track of the Electric Company’s double-track railway on…