Moss

The plaintiff, David S. Pratt, nine years of age, through his guardian ad litem, brought an action for damages on account of personal injuries he sustained as a result of being struck by a Ford truck owned by the defendant Pacific Gas & Electric Company and driven by the defendant A. D. Stubbs; and his mother Fredonia J. Moss, brought a similar action against the same parties to recover the amount of damages she claimed to have suffered as a result of the accident, including loss of services. The actions were consolidated and tried before a jury. Motions for nonsuit and directed verdicts were made by defendants, and denied; and the jury returned separate verdicts in favor of defendants. Following the entry of judgments thereon plaintiffs presented motions for new trial, which the court granted; and from the orders made in that behalf defendants have taken these appeals.

The orders are identical in form and read in part as follows: “First: That plaintiff’s instruction No. 13 was withdrawn by counsel with the understanding that the court would read from the California Vehicle Act the sections regarding the blowing of a horn referred to in said instruction which through some…