Cox

In denying the application for a hearing in this court after decision by the district court of appeal of the third appellate district, we deem it proper in view of what is said in the opinion as to the effect of section 1970 of the Civil Code on section 377 of the Code of Civil Procedure, to refer to the opinion in the case of Gonsalves v. Petaluma S. R. R. R. Co., 173 Cal. 264 , [ 159 P. 724 ]), discussing these sections which apparently was not brought to the attention of the district court of appeal.

The following statement of the case and points relied on is taken from appellant's opening brief, as sufficiently presenting the matters now here for review: "On the seventeenth day of June, 1911, one Fred Cox, while employed by the defendant as an electric lineman, was electrocuted and killed. By complaint filed October 13, 1911, Pansy M. Cox, widow and heir of Fred Cox, brought this action against San Joaquin Light Power Corporation to recover damages for the death of the said Fred Cox. On the twenty-seventh day of October, 1913, plaintiff's attorneys served and filed a notice of motion to file an amended complaint which in all material respects was the same as the original complaint except that the amended complaint set forth that Pansy M. Cox was the administratrix of the estate of Fred Cox, and in the amended complaint Pansy M. Cox sued as such administratrix. Defendants opposed the motion but on the seventh day of January, 1914, the court granted permission to file the amended complaint. Thereafter defendant demurred to the amended complaint upon the ground that the cause of action set forth in the same was barred by subdivision 3 of section 340 of the Code of Civil…