Touhey Co. v. Shongo Construction Co.

1. This action is brought to restrain the defendant from negligently operating under a contract for the deepening of the Genesee river and to recover the damages occasioned thereby. The city asks to intervene on the ground that it has such an interest in the public improvement that it should be brought in as a party and should be allowed to defend. The question involves the construction of section 452 of the Code of Civil Procedure which is the only provision applicable to a situation such as exists here where a third party seeks to intervene. Intervention under section 820 only relates to an…