Ohlson

The defendant Jack Frazier, accompanied by the plaintiffs Benedict Ohlson, James B. Mayers and Mrs. Belle Mayers, while driving over the Bolinas Road toward Stinson Beach in Marin County in a sedan automobile owned and driven by Frazier, overtook and attempted to pass a school bus on the approach to a hairpin turn in the road; and about the center of the turn the two vehicles came in contact with each other, following which the sedan ran wild for a short distance and then plunged over the bank, injuring Ohlson and Mrs. Mayers. Claiming that the accident was proximately caused by the concurrent negligence of the drivers of the vehicles, Ohlson and Mrs. Mayers brought separate actions for damages against said drivers, and joined as parties defendant the school district which operated the bus, and the members of the school board. Frazier was charged with gross negligence, and Mott, the driver of the bus, with ordinary negligence. The two actions were consolidated for trial, and a jury awarded Ohlson $750 damages, and Mrs. Mayers and her husband, who joined as party plaintiff, damages in the sum of $3,250. Judgments were entered accordingly. Subsequently Frazier moved for a new trial…