George

An action to recover damages for personal injuries sustained by plaintiff Georgie George and for the expense incurred in that connection by her husband.

The injuries arose out of an automobile accident, and were caused by the negligence of Robert Simmons, who is alleged to have been the agent and servant of appellants Chaplin. A jury returned a verdict for the plaintiffs and, a motion for a new trial having been denied, an appeal was taken from the judgment.

Appellants contend that the implied finding that Simmons was their servant is unsupported, and that the evidence shows that he was an independent contractor.

Appellants are dealers in automobiles. From the month of September, 1925, to and including the date of the accident, which happened on February 10, 1926, Simmons, who was a salesman, had been engaged in selling the automobiles owned and dealt in by appellants. Simmons testified that he was paid a commission on cars sold by him; that he was required to report daily at 9 o’clock A. M. at appellants’ salesroom, at which hour sales conferences were held, and to spend portions of certain days, as directed by appellants, at the salesroom for the purpose of showing visitors…