Burke

On the evening of October 4, 1922', at about the hour of 7 P. M., the plaintiff was being conveyed as a passenger on. one of the automobile busses owned and operated by the Dillingham Transportation Company, a common carrier of passengers between Long Beach and Whittier, when the stage collided with a truck belonging to and operated by the defendant H. G-. Cauldwell. Both vehicles had been traveling in the same direction. At the time of the accident the truck was standing upon the right-hand portion of the paved highway without a lighted tail-light. Either by reason of the fact that the driver of the stage was blinded by approaching headlights (as he testified) or by reason of insufficient headlights on the stage or nonobservance, the stage was driven into the rear end of the truck. The jury returned a verdict in favor of plaintiff and against all defendants in the sum of fifteen thousand dollars, upon which judgment was entered. Two appeals are prosecuted from the judgment, one by the defendants E. B. Dillingham and H. L. Dillingham, copartners doing business under the name of Dillingham Transportation Company, and one by the defendant H. G-. Cauldwell.

The Appeal of…