W. States Gas & Elec. Co. v. Bayside Lumber Co.

This action was brought to recover for the death of J. J. Sullivan, an employee of the plaintiff, who, it is alleged, was killed by reason of the misconduct of the defendant. Plaintiff claims to have succeeded to the rights of the widow and children of the deceased, under the terms of the workmen’s compensation law (Stats. 1913, p. 295, sec. 31), and brings suit by virtue of that statutory subrogation to recover from the defendant. The defendant was operating a lumber-yard on both sides of and on Whipple Street, in the city of Eureka, using a portion of that street for the piling of lumber.…