Peak

Appeal by defendant from a judgment rendered in favor of plaintiffs pursuant to the verdict of a jury in an action brought to recover damages on account of personal injuries sustained through the alleged negligence of defendant, its agents and servants.

Plaintiff Peak was injured on September 5, 1924. At the time of his injury he was employed by one Fred W. Diehl, and the nature of his employment was as driver of a truck. The said Diehl at all times embraced within our inquiry carried compensation and accident insurance with the State Compensation Fund.

In November of 1924 Peak commenced this action against defendant Key System Transit Company, alleging that his injury was sustained through the negligence of said company. Thereafter on November 17, 1924, Peak duly notified the said State Compensation Fund that such an action had been instituted by him, and such notice stated that it was given in pursuance of the terms and provisions of the Workmen’s Compensation, Insurance and Safety Act of the state of California. Thereafter on January 29, 1925, the State Compensation Insurance Fund filed an action against Key System Transit Company. Both actions were predicated upon the same…