Bullock

These two actions were brought by husband and wife for damages resulting from an automobile accident. The facts are further stated in the opinion. The two cases were consolidated for trial by stipulation.

At the conclusion, of the taking of testimony the trial court, upon motion of defendants, directed the jury to find a verdict for defendants, and from the judgment entered upon such verdict in each ease the plaintiffs take this appeal.

The appellants contend that the proximate cause of the accident was the negligence of the defendant Crittenden, who was driving the truck which belonged to the defendant Western Wholesale Drug Company.

The defendants pleaded contributory negligence and at the close of the trial made the motion for an instructed verdict on the following grounds:

“Mr. Jennings: If the court please, on behalf of the defendants we move for an instructed verdict and move that the court instruct the jury to return a verdict for the defendants in each of these cases, on the ground that the evidence shows as a matter of law that the plaintiffs were guilty of contributory negligence proximately causing the accident, and that that negligence was continuing, concurrent…