Fassett

On the first day of August, 1928, a little after 3 o’clock in the afternoon, respondents, who are husband and wife, were proceeding in a general south erly direction on the highway a short distance south of Coyote, in Santa Clara County, in an Overland sedan owned by them and being driven by respondent Harry Fassett. A Ford car, driven by one J. K. Rideout, passed respondents’ car on its left and going in a southerly direction. Just prior to such passing, respondents observed a Dodge coupe coming toward their car in a northerly direction. When first seen the Dodge ear was on its right side of the road, and was being driven by appellant. The Ford car had gone but a short distance ahead of respondents’ car, when, suddenly, the Dodge car, driven by appellant, turned to its' left and came across toward its wrong side of the road, struck the Ford car, and then proceeded on its way and crashed into respondents’ car. As a result of the impact both of the respondents were injured. Each filed a separate suit against appellant and one J. P. Pombinho, the latter being the owner of the Dodge car. The cases were consolidated for trial, and were tried before the court sitting with a jury, which…