Mitchell v. Monroe, Lyon & Miller, Inc.

These cases were tried together before the same jury, under agreement of counsel. A stipulation is on file with this court under which the cases are presented on one set of briefs, the court having made its order pursuant to the stipulation. The appeals are from judgments rendered in favor of the plaintiffs pursuant to the verdict of the jury.

The action arises out of an automobile accident and in the same automobile were the plaintiffs and others. Among the others were one Lowmiller and one Colclough. Lowmiller brought an action against these same defendants, as likewise did Colclough. The actions of these last named went to trial and, following judgments in their favor, separate appeals were taken and these appeals were heard and determined in the District Court of Appeal for this District, Division Two. The opinions of the court are found as follows: Lowmiller v. Monroe, Lyon & Miller, 101 Cal. App. 147 [ 281 Pac. 433 ]; Colclough v. Monroe, Lyon & Miller, 101 Cal. App. 791 [ 281 Pac. 434 ]. In these cases the plaintiffs were represented by the same counsel who appear for plaintiffs here and the defendants were represented by the same counsel as they now have. After the…