Mesnickow

Three separate actions were instituted against a number of defendants for personal injuries incurred in an automobile collision. The three actions were consolidated for trial, by stipulation, before the court sitting without a jury. Separate judgments were rendered in favor of each of the three plaintiffs and against the defendant Catelli alone. This defendant has appealed on typewritten transcripts and, by stipulation, these appeals are heard under the title designated above.

The three plaintiffs were riding in a Studebaker automobile as the business guests of Mrs. K. E. Fawcett at about 7:30 P. M. of the evening of November 10, 1926, on a public highway about three miles north of the town of Windsor in Sonoma County. Preceding them on the same highway the defendant Catelli had driven a Chevrolet truck in the same direction. He found he was having trouble with the motor of the truck, and, fearing that he was out of gas, pulled off to the right side of the highway, stopped and went back to, the gas tank to test the gas. While the truck was thus standing in this position the defendant Fawcett, traveling at a rate of twenty-five or thirty miles an hour, crashed into it causing the…