Service Tank Lines v. Lema

THE COURT. This appeal is concerned with an action instituted upon the complaint of the Service Tank Lines against the Estate of Lema, deceased, for property damage which arose out of a collision between one of the trucks and a trailer of the Tank Lines and the automobile of Tony Lema, now deceased. In reality the real party in interest was Federal Insurance Company, which carried the property damage insurance and which had assigned its claim to plaintiff for the purpose of this action. As plaintiff the Tank Lines was represented by Mr. Hauerken, as attorney.

The Estate of Lema, through Hazel Lema, as administratrix, resisted the claim of the Tank Lines and filed a erosseomplaint against the Tank Lines and Henry Wolcott, the driver of the truck. The Service Tank Lines in defense of the action instituted against it on the cross-complaint was [22]represented by Mr. Landram acting for the Tank Lines and Pacific Indemnity Company, carrier of the Tank Lines’ public liability insurance. The Pacific Telephone and Telegraph Company, through its attorney, Mr. Wright, filed an action against Service Tank Lines, Mr. Landram representing this defendant, and the Estate of Lema, represented throughout by Mr. Robinson and Mr. Garibaldi, for damages to its property in the same accident.

The facts disclose that a collision occurred on the Golden State highway between an automobile driven by Tony Lema and a truck and trailer belonging to the Service Tank Lines and driven by Henry Wolcott. As the result of this collision Lema was thrown to the pavement. The trailer of the Tank Lines was overturned and its contents of gasoline were poured out upon the highway. The gasoline became ignited, cremating Lema and destroying the automobile and trailer. It also spread across the highway and burned two poles of the Pacific Telephone and Telegraph Company which supported the main trunk lines of that company.

These three cases, that is, the action by the Tank Lines against the Estate of Lema, the cross-action by the Estate of Lema against the Tank Lines and Wolcott, and the action by the Pacific Telephone and Telegraph Company against the Tank Lines and the Estate of Lema were by stipulation tried together. Just before the cases were submitted to the jury the Telephone Company dismissed as to Hazel Lema, as administratrix, leaving as the sole defendant in the ease the Tank Lines Company. In the Tank Lines ease the jury rendered a verdict that neither party recover from the other, and in the Telephone Company ease in favor of the defendants. In due time a motion was made in the case of the Tank Lines against Lema, asking for a new trial, limiting the same to issues raised in the complaint and leaving the judgment in favor of the cross-defendants, Tank Lines and Wolcott, in full force; or in the alternative to grant a new trial as to both the complaint and cross-complaint.