Potapoff

The above-entitled cases were tried together, both arising of the same automobile accident, and are presented to us for consideration upon one transcript and one set of briefs. The plaintiff Potapoff was awarded $2,000 damages, and the plaintiff Dobrinen was awarded $5,000 damages, judgment for damages running only against the defendant E. L. Mattes.

The record shows that about 7 A. M. on the morning of October 14, 1931, the plaintiff Potapoff was driving a Ford truck south on a certain highway in the county of San Joaquin known as and called “Union Highway”. The plaintiff, John Dobrinen, was riding with him in the truck. At the same time the defendant, E. L. Mattes was driving a Pontiac automobile easterly on a certain other highway in San Joaquin County known as “Louise Highway”. With him was riding the defendant Dorothy Mattes. These highways intersect each other.

The record shows that the intersection of the two highways was obstructed by rows of trees. In driving southerly, the plaintiff’s view of the intersection was obstructed by a thick row of olive trees on the west side of Union highway. In driving easterly on Louise highway the defendant’s view of the intersection was…