Legal Opinion
Pacific Electric Railway Co. v. Dewey
California Court of Appeal
Decided December 13, 1949No. Civ. 17284PublishedCited by 26 opinions
1Opinion of the Court
WILSON, J..
The sole question for decision is whether a defendant in a personal injury case may maintain an independent action for declaratory relief pursuant to section 1060 1 of the Code of Civil Procedure to determine the right of the plaintiff in the first action to prosecute it to judgment.
Plaintiff appeals from the judgment entered against it following the sustaining of a demurrer to a complaint for declaratory relief without leave to amend.
The facts alleged in the complaint are as follows: On October 6, 1945, defendant, while in the employ of plaintiff and acting within the scope and…
2Cases cited13 opinions
- Bailey v. Central Vermont Railway, Inc.Supreme Court of the United States · 1943
- Maguire v. Hibernia Savings & Loan SocietyCalifornia Supreme Court · 1944
- Callen v. Pennsylvania RailroadSupreme Court of the United States · 1948
- James v. Alderton Dock Yards, Ltd.New York Court of Appeals · 1931
- Colson v. PelgramNew York Court of Appeals · 1932
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State Farm Mutual Automobile Insurance v. Superior CourtCalifornia Supreme Court · 1956
- Dice v. Akron, Canton & Youngstown R. Co.Ohio Supreme Court · 1951
- Schessler v. KeckCalifornia Court of Appeal · 1954
- General of America Ins. Co. v. LillyCalifornia Court of Appeal · 1968
- American Meat Institute v. LeemanCalifornia Court of Appeal · 2009
21 more not listed; retrieve them via the Exa API.