Landers

Two separate actions for damages were consolidated for trial. The injuries sustained by the plaintiffs were the result of a collision between a motorcycle on which the two plaintiffs were riding and a truck operated by the defendant Marsh Noe as the agent of the Crescent Creamery Company. At the conclusion of the evidence and before the case was submitted to the jury, the defendants moved for directed verdicts, which motions were denied, and the cases were submitted. The jury rendered verdicts in favor of the plaintiffs, and against the defendants, with damages assessed in favor of the plaintiff Glendening in the sum of $25,000, and in favor of the plaintiff Landars in the sum of $15,000. The jury was polled and stood eleven to one for the verdicts. Thereafter, upon motions of defendants, the court rendered judgment for defendants, notwithstanding the verdicts, and plaintiffs appealed. The appeals are consolidated.

The following facts are undisputed: Plaintiff Glendening was operating a motorcycle owned by plaintiff Landers, and Landers was riding behind Glendening, and on the same seat with him. They were proceeding in a northerly direction on Mission Road in the city of Los…