Baker

This is a petition for a writ of prohibition to prevent the superior court from trying another ac tion in connection with and at the same time as the trial of the case of Baker v. The Central California Traction Company. Thomas W. Baker and one Alfred Schultz were injured in the city of Sacramento while riding on a fire-truck that was wrecked by an interurban car belonging to said company. At the time Baker was an employee of said city as a member of the fire department and was acting in the course of his duty 'as tillerman of the truck. He brought an action in the superior court against said company for damages caused by the alleged negligence. A separate action of the same character was brought against the company by Schultz and another by the city of Sacramento for damages caused by the destruction of the truck and for compensation for certain moneys paid out on behalf of Baker and Schultz. When petitioner moved the superior court to set his ease for trial before a jury respondent company moved the court to consolidate the actions for the purpose of trying them together. This latter motion was granted over the objection of Baker, Schultz not appearing, and the court set the…