Newton

These two actions were brought to recover damages arising from a collision of automobiles. The respective plaintiffs were husband and wife. They were driving together in a Hupmobile which was struck by a Cadillac car driven by defendant. The two actions were consolidated for hearing in the trial court and they are presented together on this appeal. In the disposition of the appeal they may be considered as if there were but one action, instead of two. The plaintiffs each had judgment and the defendant appeals.

The only contentions upon which a reversal is asked are these: It is claimed that a motion for nonsuit which was made and denied should have been granted. It is insisted that the evidence was insufficient to support the verdict, for the trial was had before a jury. It is contended, under both these heads, that the evidence showed that appellant was not negligent and that respondents were guilty of contributory negligence, or, if those claims are not justified, that the evidence shows negligence on both sides and that therefore respondents should not have recovered, as the doctrine of comparative negligence does not obtain in this state.

The accident which gave rise to the…