McNally

These actions are for damages for injuries received in an automobile collision. Tony Silva, cross-defendant and cross-complainant in one of the actions, was driving plaintiff’s car north on the state highway through San Mateo. Plaintiff was sitting by Silva, and Silva’s wife, Nora, was sitting in the rear seat. Defendant, cross-complainant and cross-defendant Harris was driving defendant, cross-complainant and cross-defendant Lucille Casner’s car south on the highway. The cars collided at or near the intersection of Sixteenth Avenue in the city of San Mateo with the highway, at 2 o’clock in the morning.

The plaintiff NcNally brought the action against Lucille Casner and J. Harris, charging them with negligence causing the collision and consequent injuries to- plaintiff. The defendants Casner and Harris filed separate answers, and, by leave of court, cross-complaints against Tony Silva, to which, he answered and thereafter, by leave of court, amended his answers, and filed a cross-complaint against defendants Casner and Harris, to which they answered.

Nora, wife of Tony Silva, was killed in the collision, and thereafter Donald C. Brooks was appointed, and qualified, as…