Rapolla

Plaintiffs are husband and wife. On June 4, 1928, at about 9 o’clock in the evening, Catherine Rapolla was riding in a Ford delivery truck driven by Alfonso Zargossa, north, on Blythe Avenue in the county of Fresno, state of California. Blythe Avenue intersects North Avenue at right angles. Defendant was driving his automobile in an easterly direction on North Avenue and the two ears collided in the intersection seriously injuring Mrs. Rapolla and damaging defendant’s automobile. The plaintiffs brought this action for injuries to Mrs. Rapolla, and defendant, besides denying his negligence and alleging contributory negligence, filed a cross-complaint for damages to his automobile..

It was alleged by plaintiffs that Mrs. Rapolla was riding with Zargossa as his guest. Defendant alleged that Zargossa was driving and operating the Ford truck as the agent of the plaintiffs and was acting within the scope of his employment at the time of the accident.

The trial court found that Zargossa was acting as the agent ' of the plaintiffs in driving the automobile and that he was then and there under the control and direction of Mrs. Rapolla. The trial court further found that the defendant was…