Sale

These two cases were consolidated for trial, and this appeal is prosecuted from a judgment in favor of the defendants in each case. Each is an action for damages for personal injuries. Some time around 11 o’clock on the night of March 3, 1928, the respective plaintiffs were riding along a paved highway a short distance west of Santa Monica, in a Cadillac touring car with what is known as a California top. The ear was driven by one Jenkins, and owned by one Phillips who sat in the front seat with a Mrs. Bowker between him and the driver. • The plaintiffs occupied the rear seat. As this car proceeded west along the highway, some sort of collision occurred between it and a Dodge coupe owned by the defendant Illinois Electric Company and driven by defendant Thornburgh, which was proceeding east along the same highway. The Cadillac overturned, resulting in serious injuries to the plaintiffs. As practically all of the points raised by appellants relate to instructions given and refused, it will be necessary to briefly review the evidence.

At the point of the accident, the highway was paved to a width of twenty feet. To the north of the pavement was a dirt shoulder eight feet wide, and…