Mack

In these consolidated actions on appeal, the general summary of the case, as adopted by all parties, is that plaintiff Clyde F. Mack, the operator of the Reo tractor and flatbed trailer involved in the accident, brought action number 103073 against defendant and appellant Valley Motor Lines, Inc., the owner of another truck (an International tractor, trailer and semitrailer), to recover damages for personal injuries. Action number 104630 was brought by plaintiffs and appellants Fern V. Hoagland, individually and as guardian of Jeanette Hoagland, Bruce Hoagland and Dale Hoagland, minors, and Valley Motor Lines, Inc., a corporation, against defendants and respondents Clyde Mack and his employer, Western Cargo Company, a corporation, for damages for the wrongful death of Neal Hoagland, the husband of Fern V. Hoagland and father of the minor children, which death occurred as a result of the same accident. Valley Motor Lines, Inc. sought to recover for damages to the truck which Hoagland was driving and for damages to the cargo. All defendants denied negligence on their part and alleged contributory negligence on the part of plaintiffs. A verdict was rendered “in favor of plaintiff…