Packer

The court ordered the ahoveentitled actions consolidated for the purposes of trial, after a stipulation of counsel that the court might make such order, and both causes come here on the same record. The plaintiff in each action charges negligence. The answer denies the allegations of negligence and sets up a plea of contributory negligence. During the pendency of the action entitled Hartley C. Packer v. John E. Wagner, plaintiff Hartley C. Packer died, and by stipulation of counsel Armenia B. Packer, administratrix of the estate of Hartley C. Packer, deceased, was substituted as a party plaintiff in said action. Both causes of action arose out of a collision between automobiles at the intersection of Lemon Street and Broadway in the city of Anaheim, Orange County, California. Lemon Street runs north and south; Broadway east and west, said streets crossing at right angles. On May 26, 1926, plaintiffs were driving an automobile south on said Lemon Street and the defendant Wagner was driving a Cadillac 59 roadster east on Broadway. A stranger to this action was driving a Franklin automobile north on said Lemon Street. Plaintiffs were proceeding south on Lemon Street at a rate of…