Taylor

The two plaintiffs sued separately for damages for personal injuries. By stipulation the causes were tried together before the same jury. The plaintiff Taylor had a verdict for $1,000; the plaintiff Goff a verdict for $3,000. The defendant has appealed on typewritten transcripts and, by order of court, these appeals have been heard jointly.

The two plaintiffs were guests of the defendant, who was driving an automobile owned by him along the public highway running from Dublin to Walnut Creek at about midnight of September 18, 1929. The paved portion of this highway is banked in the middle for a width of about four feet to a height of four inches. Defendant was driving at a high rate of speed—in excess of sixty miles an hour— passing other cars on the highway, to show his guests “what this Lincoln will do”. On approaching a sharp curve in the road beyond which a concrete bridge was maintained, defendant passed another car going in the same direction and crashed into the bridge, causing the injuries complained of. Defendant was thoroughly familiar with the highway: knew the conditions of the curve, and the location of the bridge. o He refused to heed the frequent pleas of his guests…