Trejo

Plaintiffs, who were injured in an automobile accident for which liability is admitted by defendant Joseph P. Maciel, appeal on the grounds (1) that the judgment against him is inadequate in amount, and (2) that the judgment in favor of the other defendant is erroneous.

Recitation of the facts preceding the accident is given below, but at this point the facts of the accident itself are stated. On December 1, 1961, at 12:55 a.m., while appellants were seated in a vehicle waiting for a red light to change, a car driven by Joseph P. Maciel struck them from the rear. Maciel denied that he had been drinking, but the police officer who investigated the accident testified that he detected the odor of alcohol on his breath, that his voice was slurred and mushy, and that he refused to take a blood-alcohol or a urine-alcohol test. Maciel testified that he saw neither appellants’ car nor the red light, but his car had laid down about 60 feet of skid marks before the collision.

Damages

Appellants Emma Trejo and Minnie Jorgensen contend that there was an inadequacy of damages awarded to them and that this was caused by errors in admission of evidence and in instructions to the jury. Each of…