Day

This is an action commenced by the respondents Alice Day and her husband J. R. Day, against the appellants General Petroleum Corporation, Charles A. Kelly, Shell Oil Company of California, and J. E. Flacey, wherein the respondent, Alice Day, sought damages for personal injuries received by her as a result of an automobile accident, wherein it is alleged that such injuries proximately resulted from the carelessness and negligence of Charles A. Kelly and J. E. Flacey, the drivers of two separate vehicles. It is further alleged that General Petroleum Corporation is liable for said injuries by reason of the fact that Charles A. Kelly was, at such time and place, driving the truck as an employee of General Petroleum Corporation; that said truck at the time was in the control of said corporation; and that Shell Oil Company of California is liable by reason of the fact that J. E. Flacey was driving his automobile as an employee of the Shell Oil Company of California, and acting within the course and scope of his employment.

On October 28, 1937, the jury found a verdict in favor of the plaintiffs and respondents J. R. Day and Alice Day and against the General Petroleum Corporation,…