Eaton

In the above-entitled cases the defendant in each thereof appeals from the judgment rendered against it, and from an order made therein denying its motion for a new trial.

J. 0. Eaton is the husband of Jennie Eaton, and William A. Barnett is the husband of Nellie I. Barnett.

In each ease the action is one to recover damages for personal injuries sustained in a collision between a vehicle occupied by J. 0. Eaton, with whom his wife and Mrs. Barnett were riding, and a switch engine operated by defendant over its tracks across Milpas Street in the city of Santa Barbara, upon which the parties injured were driving. While the cases were tried separately before different juries, in each of which on appeal a transcript is filed, the evidence adduced, save in particulars herein noted, is conceded to have been practically the same. No briefs are filed in the cases of Jennie Eaton and Nellie I. Barnett, the appeals being submitted by the parties upon the briefs filed and oral argument made in the case of J. 0. Eaton as applicable, to each thereof.

The railway line over which defendant operates its trains in entering Santa Barbara from the east consists of a single track to a point where…