Pacific Freight Lines v. Valley Motor Lines, Inc.
Pacific Freight Lines v. Valley Motor Lines, Inc.
Opinion of the Court
A judgment for attorneys’ fees and expenses incurred in proceedings before the Railroad Commission rendered against plaintiff and several other corporations was affirmed in the ease of Johnson v. California Interurban Motor Transportation Assn., 24 Cal.App.2d 322 [74 P.2d 1073]. Plaintiff paid the judgment and brought this action to recover from defendants the proportionate shares thereof for which plaintiff claims they are liable respectively. The actions were consolidated for trial and are here on consolidated appeals from judgments in favor of defendants.
The facts upon which the judgments were based are set forth fully in the decision in the Johnson case. (24 Cal.App. 2d 322, 325-330.) After the litigation had been completed the attorneys submitted an account for services and expenses, addressing the same to several corporations including Pioneer Express Company, Valley Motor Lines, Inc., and United Motor Transport Lines, Inc., respondents in the instant cases, but said three corporations were not named as defendants in the Johnson case. When that case was tried the corporate name of Pacific Freight Lines, plaintiff herein, was Motor Freight Terminal Company and is so referred to in the Johnson case.
In the Johnson decision (p. 334) seven findings of the trial court are enumerated which are held to be unsupported by the evidence, with the single exception of the finding of express ratification of the employment of the attorneys by the Pacific Freight' Lines group, not, however, including any of the respondent corporations now before this court.
During the pendency of the litigation before the Railroad Commission the Pacific Freight Lines group with
Respondents Valley Motor Lines, Inc. and United Motor Transport Lines, Inc. were not members of either one of the associations involved in the litigation before the commission and no competitive rate installation was threatened in territory in which they were operating. Appellant’s reentry into the proceedings after its withdrawal was occasioned by the jeopardy threatened to the Imperial Valley route. Respondents had no interest whatsoever in that controversy and we have not been referred to any evidence that they were consulted concerning said issue.
Respondent Pioneer Express Company agreed to and did contribute $1,000 toward the expense fund. In letters addressed to other transportation companies in an effort to obtain their financial support for the litigation Pioneer maintained that its responsibility was limited to said amount. Since these letters were written before appellant’s withdrawal from or reentry into the proceedings it cannot successfully assert that its reentry was on the assumption that Pioneer
These conclusions are determinative of the case and discussion of the other questions argued in the briefs is unnecessary. The judgments are affirmed.
Moore, P. J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.