Scott v. Burke

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 p. m. on May 23, 1948, defendant, the two plaintiffs, and three other men left Guaymas, Mexico, in a 1947 Cadillac sedan belonging to plaintiff Gerry. The car, less than a year…