Levy

The above actions were brought to recover damages for personal injuries growing out of the same automobile accident. The causes were tried together and are presented here upon the same transcript and briefs.

The accident occurred on March 27, 1929, at 9:55 o’clock A. M. The plaintiffs, who were riding in a Chevrolet automobile, were proceeding northerly along Nineteenth Avenue between Judah and Kirkham Streets in San Francisco, and the defendant was operating a Buick automobile in the opposite direction along the same street. Plaintiff Albert Levy owned and was driving the Chevrolet car, and plaintiff Joseph Levy was a passenger therein. There was a collision between the two automobiles, as the result of which each plaintiff suffered physical injuries and the Chevrolet automobile was damaged.

The complaint in each action averred negligence on the part of the defendant, which he denied; and contributory negligence was pleaded as a defense in both cases. Verdicts were returned as follows: For Joseph Levy, $1,000, and for Albert Levy, $3,000. New trials were denied, and defendant has appealed from each judgment.

Since the appeals were taken defendant has died, and his executors…