Day

These appeals from judgments in favor of different plaintiffs involving the same accident were consolidated for convenience and economy.

Aileen Day had asked Edna Shapiro and her sister Miriam to visit Miss Day’s sister at Chatsworth, California. Each of the girls asked a boy friend to go with them, one of whom was the defendant Jack Peterson. Edna Shapiro took her Buick coupe and gathered up those who were invited, stopping at the home of Peterson last, apparently. There Edna requested Jack to drive, and he did so. With Jack in the front seat sat Edna and Newton House. Miriam Shapiro sat on young House’s knee. Plaintiff Day and one Don Reed sat in the “rumble” seat of the car. The Buick was driven out Cahuenga Boulevard from Hollywood, toward their destination. At a point on that boulevard Mulholland Highway is parallel with it on the west and separated from it by a bank of dirt approximately 10 feet wide, Cahuenga having a grade of about 5.6 per cent up, toward the north, in which direction the Buick was progressing, and Mulholland an ascending grade of 5.5 per cent toward the south at the same point. At the bottom of the grade on Mulholland Highway Woodrow Wilson Drive, which…