Dow

The defendants had judgment in an action prosecuted by the plaintiffs to obtain damages suffered by them for and on account of the death of Percy Everett Dow, on the twenty-fourth day of December, 1926, alleged to have been caused by the carelessness and negligence of the defendants. Erom this judgment the plaintiffs appeal.

The complaint in this action, after alleging a number of preliminary matters unnecessary to be set forth herein, contains two paragraphs specially involved upon this appeal. These paragraphs aro as follows:

This action is a companion case to that of Ethel G. Johnson et al., Plaintiffs and Respondents, v. Southern Pacific Co., a Corporation, et al., Defendants and Appellants, Sacramento No. 4396, decided by this court, and opinion filed therein on the twenty-second day of April, 1930 (ante, p. 340 [ 288 Pac. 81 ]). Both cases are based upon practically the same state of facts, save and except as otherwise stated herein, and the opinion in the Johnson case is hereby referred to as containing a statement of the facts shown by the testimony in this case, as fully and completely as though recopied herein.

In addition to what we have recited of the testimony in…