Legal Opinion

Los Angeles Gas & Electric Corp. v. Superior Court

California Court of Appeal

Decided July 29, 1921No. Civ. No. 3455PublishedCited by 2 opinions

APPLICATION for a Writ of Prohibition to restrain further proceedings in a dismissed action. Charles Monroe, Judge. The facts are stated in the opinion of the court. Paul Overton, S. W. Guthrie, Samuel Poorman, Jr., and Herbert J. Goudge for Petitioner.

1Opinion of the CourtWorks, J.

One Milosevich, while engaged in laying a gas main for petitioner in a public street, was killed by a car operated by Pacific Electric Railway Company. The widow of Milosevich brought suit against the Railway Company for damages for his death, alleging that her loss resulted through the negligence of those operating the car. The petitioner paid to the widow a sum of money under an award of the Industrial Accident Commission, in -a proceeding instituted before that body on account of the death of the husband. A short time after the widow commenced her action against the Railway Company…

2Cases cited9 opinions

  1. Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
  2. Toledo, St. L. & K. C. R. v. Continental Trust Co.Court of Appeals for the Sixth Circuit · 1899
  3. Realty Construction & Mortgage Co. v. Superior CourtCalifornia Supreme Court · 1913
  4. Harmon v. San Francisco & San Rafael RailroadCalifornia Supreme Court · 1890
  5. Los Angeles Pressed Brick Co. v. HigginsCalifornia Court of Appeal · 1908

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3Cited by2 opinions

  1. Aetna Casualty & Surety Co. v. Humboldt Loaders, Inc.California Court of Appeal · 1988
  2. Long v. Superior CourtCalifornia Court of Appeal · 1936

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