Giorgetti
Giorgetti v. Wollaston
Opinion
Lead Opinion
Cashin, J.
Appeals from the judgments entered in two separate actions for the recovery of damages for personal injuries suffered by respondents in the same accident, and which are alleged to have been caused by appellants’ negligent operation of an automobile.
By stipulation the actions were tried together and the appeals presented on the same transcript.
Respondents are husband and wife, and appellant Wollaston, at the time of the accident, was the employee of and operating an automobile owned by appellant corporation. The accident occurred at about 9 o’clock P. M. on January 20, 1922, at a point on the public highway between Irving-ton and Centerville, in Alameda County. The highway, which there runs north and south, is paved with concrete, the width of the pavement being eighteen feet. Respondents shortly before the accident had been riding in a Ford truck, operated by the husband, and were proceeding north along the highway. The truck was equipped with lamps in front but carried no light in the rear. The lamps having through some defect commenced to grow dim the truck was stopped, according to the testimony of respondents, on the right-hand side and off the paved portion of the…