Pettus

This appeal involves three separate law suits (for wrongful death and personal injuries), arising out of the same automobile accident, which were consolidated for trial. Subsequent to the consolidation the defendants Standard Cabinet Works and Howard Whitnah moved for summary judgments and their motions were granted. Accordingly, judgment was entered in favor of the defendants in each consolidated action, and the plaintiffs have appealed. The facts as developed by the respective affidavits are admittedly as follows:

The automobile in which the plaintiffs (and the decedent in the wrongful death action) were riding was violently struck *66 by a vehicle which left the scene of the accident. The accident occurred at approximately 6 :15 a.m. of November 8, 1962, on U.S. Highway 99 outside the town of Livingston in Merced County. The plaintiffs were so seriously injured that no one was able to identify the other vehicle, and there were no other eyewitnesses. However, the investigation made by officers of the California Highway Patrol indicated that the automobile in which plaintiffs were riding was struck by a vehicle, “probably a truck,'’ which left the scene of the accident.…