Warren

In these two eases, consolidated for trial and on appeal, plaintiff and appellant Gene M. Warren sought judgment against defendants and respondents Pacific Inter-mountain Express Company, a corporation, and Warren H. Lawrence, in case Number 214912. Plaintiff and appellant Milan M. Mazak sought judgment against the same defendants and respondents in case Number 215229 for general and special damages arising out of a collision on February 28, 1957, at about 2 p. m. on Highway 80, approximately 5 miles east of Alpine on the Viejas Grade in San Diego County. It was alleged, and admitted in the pretrial order, that plaintiff Mazak was operating a motor vehicle (Nash) uphill in an easterly direction and plaintiff Warren was riding therein, and that a collision occurred between that vehicle and an empty tank-truck and trailer (overall length about 60 feet) owned by defendant corporation and driven by defendant Lawrence in a westerly direction down a 6 to 7 per cent grade.

It is conceded that defendant Lawrence was an employee of defendant corporation and acting in the course of his employment at the time of the accident. Defendants denied any negligence on their part and alleged…