In Broome v. Kern Valley Packing Co. (1935) 6 Cal.App.2d 256, both the operator and the owner were parties and were before the court. The jury returned a verdict against the owner but not against the operator. The defendant operator did not ask that the jury be returned to complete the verdict as to the operator. The defendant owner appealed, urging the verdict and judgment against the owner alone were invalid. The appellate court affirmed the judgment, stating the obligation of the owner to the injured party is direct, with the secondary rights in the owner to have the injured party proceed first against the driver and the right of subrogation against the driver. However, the case makes clear that there was sufficient evidence to support a finding of negligence against the operator, and the right of the owner to require the injured party to proceed first against the operator and the right to have a joint judgment entered had been waived by the failure of the owner to ask that the jury be sent back to complete the verdict. The court stated, at page 262: "Under these latter provisions the owner would have the right to demand that the jury be directed to pass upon the issue as to the liability of the operator, to the end that he may take advantage of the provision that recourse shall first be had against the property of the operator, or he may proceed under the other clause giving him the right of subrogation. "Under the authorities above cited we think the appellant here waived his right under the 'recourse' clause by failing to ask that the jury be sent back to complete its verdict and that he was then limited to his right under the 'subrogation' clause."