Hayes

These are actions brought to recover damages on account of personal injuries received in an automobile collision. The two actions were consolidated and tried together. In each case the jury brought in a verdict for plaintiff against appellant only, and this appeal is taken from the judgments so rendered.

The plaintiffs were passengers in the automobile of defendant Fairfield, and the collision occurred at the intersection of two streets in the city of Roseville. Reversal of the judgments is sought upon the following grounds: Firstly, that the court erred in admitting a certain photograph in evidence, and, secondly, upon the ground that the court erred in giving two instructions.

The charge of negligence against defendant Emerson was that of excessive speed in approaching an intersection of highways when the driver’s view is obstructed, in violation of the California Vehicle Act, section 113, subsection (b), subdivision 2 [Stats. 1923, p. 553; Stats. 1927, p. 1436, sec. 30]. This act fixes the lawful speed under such circumstances at fifteen miles per hour. It is not disputed that there is evidence which would justify the jury in finding that the physical facts made this section…