Sawdey

This is an action for damages arising out of an automobile accident. As a result of the accident Mildred E. Sawdey lost her life. She was the wife of Ivan G. Sawdey and the mother of Ivan G. Sawdey, Jr., the plaintiffs.

Each of the defendants appear by separate counsel and each conducted a separate defense. Judgment, pursuant to the verdict of a jury, was in favor of plaintiffs and against both defendants. Bach defendant prosecutes a separate appeal, based upon the same transcript.

Neither appellant complains of any error in the conduct of the trial; nor is error predicated upon the giving or refusal of instructions to the jury. In the main, the contentions of each appellant are similar in point and extent.

Therefore, we may first outline the case sufficiently to discuss and apply the law governing. Ivan G. Sawdey, accompanied by his wife, the decedent, his coplaintiff Ivan G. Sawdey, Jr., and an infant of the age of some few months, were traveling on a highway leading from Hayward to Oakland. The time was between 12 o’clock midnight and 1 A. M. and the season was of November in the year 1928. On the same highway and at a time preceding the hours referred to as the time of the…