Bence v. Pacific Power and Light Co.

I dissent.

It is inconceivable to me that the owner and real contributor to the industrial accident fund is also exposed to a further liability as a "third-party defendant" in a tort action. The result reached by the majority is not only basically unjust but contrary to prevailing law. The claim of appellant is a case of biting the hand that feeds it.

The issue, as I understand it, is well summarized by the appellees:

*19"Are the Appellees, as owners of property who contract with an injured workman's employer, and who, by contract, pay all costs of workmen's compensation premiums through that…