Decarli

Action for damages for personal injuries. Plaintiff alleges that he was employed by defendant Associated Oil Company, and that while engaged in his duties as such employee he received severe personal injuries through the gross and willful carelessness and negligence of defendant company. Defendant Ocean Life Insurance Company was the insurance carrier of defendant Oil Company and was made a party defendant solely for that reason. Both defendants demurred generally to the complaint upon the ground that it did not state a cause of action, and upon the further grounds of lack of jurisdiction of the court, misjoinder, and uncertainty.

The ground relied upon below was that the superior court had no jurisdiction, it being claimed that the matter of employers’ legal liability for injuries to employees was vested in the Industrial Accident Commission, which body had sole power to determine and assess any compensation to which a plaintiff might be found to be entitled. It appears from the record that plaintiff was paid $730 pursuant to the terms of the Compensation Act. After collecting this amount he brought this present action. The demurrers of the different defendants were sustained…