Thomas v. Stewart

These two suits arose out of the same accident. The defendant is the same in both cases, and the issues are identical, with the exception of the quantum of damages. The suits were consolidated for trial in the lower court with the understanding that separate judgment would be rendered in each case. They were consolidated in this court under the same stipulation.

The plaintiff, Ephraim Thomas, as owner of a Model "T" Ford truck, one of the trucks involved in the accident, sues to recover from the defendant, Mart Stewart, the driver and owner of a school bus truck, also involved in the accident,…