Johns

The plaintiffs commenced separate actions against the defendant to recover damages caused by the collision of two automobiles. The defendant answered and thereafter both actions were consolidated for the purposes of the trial. In each action judgment went for the defendant and the plaintiffs have appealed.

At about 3 o’clock in the morning, on January 1, 1930, the defendant was driving a Ford automobile north on Sixty-fourth Avenue in Oakland and Ralph Wood was driving a Buiek automobile east on Foothill Boulevard. The automobiles collided in the intersection. As to how the accident occurred the testimony is distinctly conflicting. The defendant introduced evidence: That before entering Foot hill Boulevard he came to a full stop at the stop sign which is located at the southeast corner of the intersection; that he had a red courtesy light on the left side of his car, which was lighted at the time of the accident; that as he started to leave the stop sign his car was in low gear and that just before he was hit he shifted into second; that before he entered the intersection he looked in all directions and that he saw the Buick nearly a block and a half away; that as he started up…