Baldwin

The plaintiff Bernzott sued for damages to his automobile caused by a collision with a passenger bus operated by the defendant on the public highway near San Carlos. The plaintiff Baldwin, a passenger riding with Bernzott at the time of the collision, sued for personal injuries. Both causes were consolidated for trial and were heard on the same evidence. The trial was had before the court sitting without a jury and resulted in judgments for the defendant in both eases. The plaintiffs have appealed on a joint bill of exceptions.

The only ground urged on the appeal is that the evidence is insufficient to support the finding that the defendant was not negligent and the finding that both plaintiffs were guilty of contributory negligence. Either finding would support the judgments, and, under the well-known rule, if there is any competent evidence in the record to support the findings the judgments must be affirmed.

The plaintiff Bernzott was driving a Buick car up from San Jose going toward San Francisco at about 8:30 P. M. on November 19, 1920. With him at the time were his brother, the brother’s wife, and Mrs. Baldwin. As they neared San Carlos an autobus, operated by the…