Johnson v. Coast Manufacturing & Supply Co.
Opinion
Lead Opinion
Cosgrave, J.
This action was commenced in the superi- or court of the state of California, for the county of Inyo, by plaintiff, who, in his complaint, fails to allege of what state he is a citizen. Defendant Coast Manufacturing & Supply Company is described therein as of the state of Delaware. The citizenship of the other defendants is not described. The aetion is for damages claimed to have been suffered from a premature explosion of dynamite caused by a too rapidly burning fuse, and the charge laid against the defendant above named is negligent manufacture of the fuse. ' Plaintiff alleges that he purchased the fuse from Jane Doe Teagle, a retailer in Kern county. The defendant above named, together with Black and Hoopes* the employers of plaintiff, are named as- defendants, together with fictitious persons. Teagle is not named defendant, but is referred to in the complaint as a retailor of the fuse, selling ;it in its original package to Black and Hoopes, the employers of plaintiff. Black and Hoopes are charged by reason of an alléged violation of the provisions of the Workmen’s Compensation Insurance and Safety Act (St. Cal. 1917, p. 831, as amended).