SCOTT v. BURKE

Docket Nos. L.A. 22274, 22275.

39 Cal.2d 388 (1952)

247 P.2d 313

DANIEL SCOTT, Appellant, v. HERMAN BURKE, Respondent. SAMUEL GERRY, Appellant, v. HERMAN BURKE, Respondent.

Supreme Court of California. In Bank.

August 1, 1952.


Attorney(s) appearing for the Case

Mark F. Jones and W.L. Engelhardt for Appellant in L.A. No. 22274.

Knight, Gitelson & Ashton, Robert R. Ashton, Samuel A. Rosenthal and Leonard G. Ratner for Appellant in L.A. No. 22275.

Parker, Stanbury, Reese & McGee and Raymond G. Stanbury for Respondent.

Campbell, Hayes & Custer and W.R. Dunn, as Amici Curiae on behalf of Respondent.


SCHAUER, J.

These two actions for personal injuries arising out of the same automobile accident were consolidated for trial, judgments on jury verdicts were entered in defendant's favor, and plaintiffs appeal. We have concluded that, contrary to plaintiffs' contention, the jury were properly instructed and the judgments must be affirmed.1

The uncontradicted evidence, insofar as material to these appeals, is as follows: At 9 o'clock...

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