Swartz

These cases were tried together in the superior court, and in each case judgment was rendered against the defendant, from which he appeals. Both appeals are submitted to us on the same record and the same briefs. The eases arose out of a collision between two automobiles, one driven by the defendant, and the other driven by the plaintiff Guy 0. Swartz, in which his wife, the plaintiff Jennie J. Swartz, was riding. In one of the cases Guy 0. Swartz sued alone as plaintiff for damages caused by personal injuries suffered by him in this collision, for damages caused to him by injuries to his wife, and for damages to his automobile. In the other case both plaintiffs sued for personal injuries received by the plaintiff Jennie J. Swartz.

The points made in support of both appeals are the same. The defendant contends that the evidence established contributory negligence of both plaintiffs as a matter of law, and, hence, that his motion for a nonsuit should have been granted or the verdict, should have been in his favor; that the evidence does not support the verdict; and that the court erred in refusing to give certain instructions requested by him and in overruling his objection to…