Merino v. Pacific Coast Borax Co.

TAPPAAN, J., pro tem.

Plaintiff recovered judgment before the trial court and defendant appeals from the judgment, and also from the order denying its motion for a new trial.

The cause of action, as stated in plaintiff’s complaint, is one based upon the provisions of section 26 of the Workmen’s Compensation Act (Stats. 1917, p. 831, as amended Stats. 1927, p. 1213). This section provides as follows: “The claim of an employee for compensation shall not affect his right of action for damages arising out of injury or death against any person other than the employer; and any employer having paid,…