Bibby

The plaintiffs commenced an action against the defendants to recover damages for injuries caused by a collision which occurred between the hotel bus owned and operated by the defendant Dimmiek and an interurban ear owned and operated by the defendant Pacific Electric Railway Company. The plaintiffs had judgment against the defendant Dimmiek and that defendant has appealed.

The plaintiffs are husband and wife. In their complaint they charge negligence against the owner of the bus and against the street-car company. The latter filed an answer in which it denied that it was negligent and pleaded contributory negligence on the part of the plaintiffs. The other defendant filed an amended answer, on which he went to trial, and therein he denied negligence on his part and alleged that the accident was caused by the negligence of the street-car company. Plaintiffs called several witnesses, who testified that at the time of the accident the hotel bus was running at a speed, variously estimated at fifteen, sixteen, seventeen, or eighteen miles per hour, and that the street-car was traveling at the rate of five or six miles per hour, The accident occurred in the month of February, at about…