McCarthy

pro tem. — Action to recover damages sustained by plaintiff while a passenger on an auto-stage, operated by defendant Watson, which collided at a railroad crossing with an electric railway car operated by defendant Pacific Electric Bailway Company.

On behalf of the plaintiff it was alleged that the collision resulting in plaintiff’s injuries was caused by the concurrent negligence of the defendants. The case was tried with a jury, and at the close of the evidence offered on behalf of all parties the trial judge directed the jury to return a verdict against the plaintiff and in favor of the defendant Pacific Electric Bailway Company, and a verdict in favor of the plaintiff and against the defendant Watson for such sum as they should assess as damages. The jury followed these directions and assessed damages against the defendant Watson in the sum of $7,500. From the judgment rendered against him Watson has appealed, and the plaintiff also has appealed from the judgment rendered in favor of the defendant Pacific Electric Bailway Company and against plaintiff. By stipulation of counsel these appeals are heard together, and upon the same transcript prepared and certified under section…