Buchanan

Pursuant to stipulation of the parties and order of this court, these three cases arising out of the same automobile accident were consolidated for the purposes of appeal. In all three the defendant prevailed, and the respective plaintiffs have become appellants.

The actions arose as a result of a serious collision between two motor vehicles on Vermont Avenue, near 182nd Street, in Los Angeles County at about 4 o ’clock on the afternoon of May 2, 1952. Appellant Mrs. Jean Buchanan was driving a 1934 Ford panel pickup truck in a southerly direction on Vermont, accompanied by her 5-year-old son, appellant Robert Buchanan, and her elderly stepfather-in-law, appellant Thomas Middleton. Respondent Mrs. Enid Nye, owner of a 1948 Buick sedan, was in her car, which was being driven northerly by one Everett Murray Todd, who was killed in the accident. Appellants charged permissive use and negligent entrustment based upon Todd’s purportedly intoxicated condition.

Mrs. Buchanan testified she was proceeding on her right side of Vermont, when respondent’s vehicle, approaching from the opposite direction, cut out from behind another car over the center line and directly into her path. Mrs.…