Jasper

This is an action for a declaratory judgment.

*267 Briefly, the facts are: The appellant insurance company issued to Harold E. Wells a policy of automobile liability insurance which contained what is known as an “omnibus” provision, which extends the insurance coverage in addition to the named insured [Wells] to any person using the automobile provided the actual use is with the permission of the named insured. On June 28, 1942, Dake, an employee of the named insured, while driving the insured truck, was involved in a collision, which, resulted in the death of Emmett C. Jasper. One of the appellees is the administrator of his estate. Others w¿re injured and they asserted claims against Wells as owner of the truck and against the appellant insurance company.

The action was tried by the court without a jury. The trial court found that the insured truck in this case was being used with the permission of the named insured.

There are two questions raised on this appeal. The first is whether the judgment in the action of Edward J. Jasper, administrator of the estate of Emmett C. Jasper, deceased, vs. Harold E. Wells and Charles M. Dake, tried in the Circuit Court of Clatsop County,…