Pacific Electric Railway Co. v. Commonwealth Bonding & Casualty Insurance

LANGDON, P. J.

This action was brought by the plaintiff by complaint in interpleader to determine ownership of certain moneys owing by the plaintiff by reason of a judgment against it. The state of California intervened and the trial court found in favor of the defendants George L. Makley, Los Angeles Stone Company, and E. J. Lennox, and against the intervener. This appeal is taken .by the intervener. The facts are:

On or about the twenty-ninth day of August, 1914, George L. Makley was injured through the negligence of the Pacific Electric Railway Company, a corporation. At that time the Commonwealth Bonding and Casualty Insurance Company, a corporation, was a duly empowered and acting insurance company in the state of California and was carrying the liability insurance covering the injuries received by the said Makley. In November, 1914, Makley filed his application with the Industrial Accident Commission of this state for compensation under the Workmen’s Compensation, Insurance and Safety Act (Stats. 1917, p. 831), and after due and proper proceedings upon said application, the Industrial Accident Commission made an award against said Bonding Company in favor of said Makley of $8.44 a week for 240 weeks. Under this award the Bonding Company paid $422 in cash and various sums to doctors, hospital, etc., in payment of bills growing out of said injuries, and amounting in all to the sum of $1,509.95.

In October, 1915, James L. Boone was appointed receiver for and on behalf of the Bonding Company in proceedings duly and regularly taken to have said Bonding Company declared a bankrupt. Subsequently, and on April 27, 1916, the Industrial Accident Commission, by an amended finding, made an award to Makley against the said Bonding Company and its receiver in the sum of $3,613.21, which compensation was in addition to the sums already paid by the said Bonding Company for and on account of said Makley.

On January 28, 1915, by reason of the provisions of said Workmen’s Compensation, Insurance and Safety Act, the Bonding Company filed an action in the superior court of the state of California in and for the county of Los Angeles

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to recover the sum of $30,000 from Pacific Electric Railway Company because of the in juries, to Makley. Said cause resulted in a judgment for $8,000 in favor of plaintiff entered therein on November 22, 1915. Before the trial of said action James L. Boone, the receiver, and George L. Makley were substituted as plaintiffs in the place and stead of the Bonding Company. In said action an appeal was taken by the defendant to the supreme court of this state, and said judgment was affirmed on August 7, 1919. Following this affirmance, the Pacific Electric Railway Company paid into court the amount of the judgment with interest and filed its complaint in interpleader herein.