Bowers

The above-entitled actions are based upon a collision between two motor-cars, were tried before the court sitting without a jury, and upon a stipulation that both cases should be tried as one, and that the evidence should apply to both cases, so far as applicable. Findings of fact and conclusions of law were made and judgments entered in both cases for the defendants. From the respective judgments the plaintiff in both cases prosecutes the appeals now being considered herein.

The first action is for damages on account of the death of Alice Alma Lubman caused by the collision referred to herein. The second action is for the sum of $1250 alleged to be the damages to the automobile belonging to the plaintiff. The answer, among other things, presents the question of contributory negligence.

Upon the appeals herein the plaintiff presents in both cases, as grounds for reversal, the following: First, insufficiency of the evidence to justify the decision; second, that the decision is against law.

So far as the authorities cited by the appellant to sustain his appeals in the respective cases are concerned, we may state that a consideration of them fully sustains the position taken by…