Wagy

Two causes emanating from the same transaction and asserted against the same defendant were tried together before the superior court sitting with a jury, verdicts and judgments in favor of said defendant were rendered, and the plaintiffs appealed upon a single transcript.

While crossing in a northerly direction an easterly and westerly thoroughfare, at an intersection, the plaintiffs were struck by a west-bound automobile which was under the management and control of the respondent. The complaints alleged that the defendant carelessly, negligently and unlawfully drove and operated his said automobile in excess of fifteen miles per hour, toward the south side of said thoroughfare, across the intersection and crosswalk in which the plaintiffs were walking, and in violation of certain pleaded municipal ordinances, without due regard to the traffic, surface or width of said street. The plaintiffs, walking together, were preceded by two friends who first saw the approaching vehicle and hastened toward the northerly curbing, but admitted at the trial that they did not look backward. The plaintiff Hess at first testified that she saw the automobile about one-half block toward the…