Lenning

At about 6 p. m. on Sunday, June 28, 1942, the plaintiff, his wife and his mother were driving southeasterly on Twenty-third Street in Richmond, Contra Costa County. They intended to turn left into Pullman Avenue. Twenty-third Street intersects with Pullman Avenue. Broadway heads in the intersection and runs northeasterly. The defendant was driving north on Twenty-third Street. He intended to cross Twenty-third Street into Broadway and go northeasterly. In the intersection the two cars collided. Penning, his wife and his mother commenced an action against Chiolo to recover damages. They filed one complaint. It contained three counts—one count in favor of each plaintiff. The complaint contained a prayer seeking relief separately in favor of each plaintiff in the amount of his injury. The defendant filed an answer denying all of the material allegations set forth in the plaintiffs’ complaint and alleged that the accident was caused by the contributory negligence of the plaintiffs and each of them. He also included a pleading branded a counterclaim seeking to recover damages for the injury caused to his automobile. Treating the counterclaim as a cross-complaint the plaintiffs…