Langensand

The actions above entitled arose out of one automobile accident, and were therefore consolidated for trial.

The plaintiffs in the action first above are husband and wife, and the plaintiff Zandrino, in the second action, was a passenger in the automobile driven by Peter Langensand. The case was tried by a jury and verdicts were returned in favor of the respective plaintiffs, in different amounts. Motion for new trial was denied and judgments entered. The appeal follows.

It is admitted there was a collision between the car driven by Langensand and the car owned by Obert and driven by Wester. Likewise, it is admitted that as a result of said collision the several plaintiffs each sustained personal injuries. The accident occurred in Lake County upon a stretch of road common to the foothill country.

It was the claim of plaintiffs that the car was being operated at a speed of 25 miles per hour, and in all respects in a careful and prudent manner—the usual claim of all plaintiffs; that defendant, approaching at a speed of 40 or 45 miles per hour, suddenly and without warning, left his side of the road and smashed directly into the course of plaintiffs, thereby causing the…