Allen

The appeals herein are taken by defendants, Bay Cities Transit Company, a corporation, and Lyman M. Hill, from judgments rendered in favor of plaintiffs in two actions separately instituted by each plaintiff. The actions were brought to recover damages for personal injuries alleged to have been sustained in the same accident, and as the same facts relative to the accident, except those pertaining to the nature and extent of the injuries suffered by the respective plaintiffs, were involved in each ease, by stipulation of all parties concerned the actions were consolidated and tried together before a jury and, by further stipulation, the appeals have been consolidated and are brought up together upon one transcript. The trial resulted in verdicts in favor of each plaintiff against all defendants. In accordance with the verdicts thus returned, a judgment was rendered in favor of each plaintiff. Motions for a new trial were then made by each defendant and were granted as to defendants Pacific Electric Railway Company, a corporation, and C. W. Harris, and were denied as to defendants Bay Cities Transit Company, a corporation, and Lyman M. Hill.

Defendant appellants concede that, as…