Stanward

In the above-entitled actions the plaintiffs sought damages for injuries which they suffered when struck by an automobile operated by an employee .of the defendant. The two actions were tried together, under stipulation, before the court sitting without a jury. Two judgments for $6,172.13 and $11,508.13, respectively, were awarded plaintiffs from which the defendant appeals upon a joint bill of exceptions under stipulation of counsel.

The material facts of each case appear in the findings of the trial court from which we quote: “That on the 31st day of December, 1920, at about ten o’clock P. M., plaintiff, accompanied by his wife, Marie Stanward, attempted to cross Eighth street at the intersection thereof with Union avenue; that plaintiff stopped at the northeast corner of said streets upon the sidewalk and looked to the left, saw an automobile approaching from the east along Eighth street and waited for said automobile to pass. After it had passed he again looked to the left, saw no vehicle approaching and started across the street, proceeding southerly towards the southeast corner of said Union avenue and Eighth street. That in the center of said street he stopped, looked to…