Simmons

Plaintiffs, who are husband and wife, brought this action to recover damages for injuries suffered by the wife in a collision between an electric interurban car operated by the defendant Railway Company and an autobus or jitney operated by a servant of the defendant Walker—a carrier of passengers for hire. Mrs. Simmons was a passenger on the autobus. Walker and the Railway Company were made defendants on the theory that the negligence of each concurred in causing the injury. The jury returned a verdict against both defendants, who, upon different records, present separate appeals from the judgment. The appeal now to be considered is that of the defendant Walker.

The collision occurred on Santa Monica Boulevard, between Twenty-fifth and Twenty-sixth Streets, in the city of Santa Monica, while both the bus and an interurban car of the Railway Company were proceeding easterly toward the city of Los Angeles. Mrs. Simmons had boarded the bus at Third Street and Santa Monica Boulevard. According to appellant’s witnesses the catastrophe, which was a rear-end collision, was caused by the interurban car crashing into the rear of the bus while that vehicle was traveling easterly along…