Fishman

The above actions grew out of an automobile accident which occurred in San Mateo County. Inasmuch as both cases involved the same accident and the witnesses were the same in each, there was an order of consolidation in the court below. The cases were tried together and the appeals are presented through one bill of exceptions, under stipulation.

The accident referred to was a collision between the Ford car driven by defendant Silva and a Studebaker car driven by the defendant Harris. The plaintiffs were passengers in the Harris car. The cases were tried by the court, sitting without a jury. There is no serious question involving claimed errors in the admission or rejection of testimony ; no claim of contributory negligence, nor any point raised as to the amount of damages awarded. The fact of the collision is conceded and appellants practically admit that one of the two defendants was guilty of negligence proximately causing the accident. As is quite frequently the case, each defendant attempts to absolve himself and fasten the entire blame upon the other. It is needless to add, as in all such cases, there is presented a wide field for argument, the main theme of which is physical…