Winslow

The above actions were brought to recover damages for injuries alleged to have been sustained on July 18, 1915, when the two -plaintiffs were riding in an automobile as passengers. The defendant, H. B. McCarthy, was at the time driving the automobile in what is commonly called “jitney service.” While the plaintiffs were in the automobile it collided with a street-car, and as a result of the collision, the plaintiffs were severely injured and McCarthy sustained injuries from which he later became insane.

The actions were commenced in October, 1915, and the Pacific Coast Casualty Company was named as a defendant. Summonses and complaints were served upon this company, which appeared and filed a demurrer in each action, which demurrers were sustained. In November, 1915, the defendant, H. B. McCarthy, was adjudged insane and committed to the state asylum at Agnews. On January 13, 1916, plaintiffs caused copies of the summonses and complaints to be served upon H. B. McCarthy and upon Leonard Stocking, M. D., the medical superintendent of the hospital where defendant was confined. A return of service was made by the sheriff, which return incorrectly stated that Dr. Leonard Stocking was…