Denvir

P laintiff appeals from judgments of nonsuit in the above-entitled actions.

These actions for damages arising out of the shipment of an automobile from Los Angeles, California, to St. Louis, Missouri, during the month of October, 1920. The defendant Braley operated a garage in which plaintiff had stored her automobile. Acting upon telegraphic instructions, Braley delivered plaintiff’s automobile to the defendant Judson Freight Forwarding Company for shipment to plaintiff in St. Louis, Missouri. The automobile at the time of shipment was in perfect order; but upon arrival in St. Louis it was found to be in a greatly damaged condition, caused by water freezing in the radiator and water jacket. Plaintiff brought these two actions, which were consolidated for the purposes of trial, to recover the amounts paid by her for repairs to her automobile necessitated by the damaged condition in which it was received, alleging that the negligence of both defendants in not seeing that the automobile was properly drained before shipment was the cause of the damage. At the trial of the consolidated actions plaintiff called as a witness one Engelman, a former employee of the Judson Freight…