Gamble v. Superior Court

RICHARDS, J.

This is an application for a writ of mandate to be directed to the superior court of the county of Alameda and Honorable Joseph S. Koford, one of the judges thereof, commanding said court and judge to entertain and pass upon the merits of a certain action pending in said court, numbered 54,504, and entitled “George Gamble, Plaintiff,

vs.

Helen Angus and White Gulch Mining Co., a Corporation, Defendant, ’ ’ and also commanding the Industrial Accident Commission of the state of California and the members thereof to stay execution upon a certain award and the judgment entered thereon in a certain proceeding instituted

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by said Helen Angus before said commission, fixing at the sum of five thousand dollars the liability of the said White Gulch Mining Company, a corporation, for the death of her husband as an employee of said corporation.

The facts upon which the petitioner relies for the relief sought in this application are briefly these: Wm. Angus was prior to October 30, 1914, the president and superintendent of the White Gulch Mining Company, of which the Pacific Coast Casualty Company was the insurance carrier. On said last-named date said William Angus met with an accident while in the employ of said Mining Company from which his death ensued. He was at that time the owner of twelve thousand of the total issue of one hundred thousand shares of the capital stock of said mining corporation, which was community property, and to the ownership of which his widow, Helen Angus, in due course of probate succeeded. Within the time allowed by the Workmen’s Compensation Act [Stats. 1913, p. 279] said Helen Angus instituted proceedings before the Industrial Accident Commission against said White Gulch Mining Company and its insurer to fix liability for the death of her husband. While said proceeding was pending before the commission Helen Angus offered to sell her said holding of stock in said corporation to George Gamble, the petitioner herein, for the sum of seven thousand five hundred dollars, but said Gamble informed said Helen Angus that he would not purchase said stock if said White Gulch Mining Company was required to pay anything on account of any liability growing out of the death of her husband; whereupon said Helen Angus represented and promised to said petitioner that she would not look to said White Gulch Mining Company for or on account of said liability; and relying upon her representations and promises in that regard, the petitioner purchased her said stock, paying therefor the sum of seven thousand five hundred dollars, and that he is still the owner and holder of said stock; that notwithstanding her said representations and promises said Helen Angus has proceeded to obtain an award from said commission against said White Gulch Mining Company for the sum of five thousand dollars, and has proceeded to cause a certified copy of the findings of the commission and of said award to be filed in the office of the county clerk of the county of Mariposa, and a judgment for said sum against the said White Gulch Mining Company