Duncan

These appeals are prosecuted from judgments based upon verdicts of a jury. By stipulation the two cases were tried together and by agreement both appeals were consolidated for consideration together in this court. The accident out of which these actions arose occurred on the afternoon of August 3, 1935, between 3 and 4 o’clock, on that portion of U. S. Plighway No. 99 located between the towns of Gorman and Castaic. This portion of the highway extends in a general northerly and southerly direction, with a six per cent grade from south to north at and near the place of the accident. The highway at and adjacent to the place of the accident is thirty feet wide and divided into three lanes, each lane measuring approximately ten feet in width. The middle lane is separated from the right and left lanes by white lines four inches wide on the pavement. The middle lane is reserved for passing, the easterly lane for traffic going from south to north, and the westerly lane for traffic driving from north to south. The plaintiff Martha M. Duncan was operating a 1929 standard six Dodge sedan owned by her husband, Arch F. Duncan. Riding with her at the time-of the accident were her husband, who…