Gay

Charles C. Gay was killed May 20, 1937, in an accident in which he was struck by a motor vehicle driven by defendant Lye, who was operating the vehicle in the course of his employment by Cadwallader-Gibson Co., Inc., hereinafter referred to as the lumber company. The action was commenced by the heirs at law of decedent to recover damages suffered because of his death. Defendants appeal from a judgment in favor of plaintiffs.

Decedent was at the time of his death and had been for a period of approximately twelve years in the employ of Pacific Portland Cement Company, hereinafter referred to as the cement company, and of its predecessor, Standard Gypsum Company. The cement company and the lumber company were lessees of adjoining parcels of real property from Craig Shipbuilding Company. The cement company’s lease was dated April 11, 1925, and contained the provision that the lessors reserve the right, “To maintain and use the switch track now crossing the southwesterly portion of said demised premises, the approximate location of which is shown on said annexed map in red and black, such use, if said Lessee so desires, to be a joint use, each interfering with the use of the other as…