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District Court of Appeal, Fourth District, California.

Nina C. WARWICK, Plaintiff, Cross–Defendant, Appellant and Respondent, v. Lawrence MANEELY, Defendant, Cross–Complainant and Appellant; Arthur E. Harrah and Stewart & Nuss, Inc., Defendants and Respondents.

Civ. 2545

Decided: July 23, 1940

Laurence B. Martin, of Los Angeles, and Dearing & Jertberg and Kenneth G. Avery, all of Fresno (Geo. L. Beckwith, of Los Angeles, of counsel), for appellant and respondent Warwick. Rae B. Carter and John D. Chinello, both of Fresno, for appellant Maneely. Ray W. Hays, of Fresno, for respondents Harrah and Stewart & Nuss, Inc.

This is a companion case to 104 P.2d 831, the decision in which has this day been filed. The plaintiff herein is the wife of the plaintiff in the other action and she was injured in the same accident. The actions were tried together but separate appeals were taken which have been presented upon separate clerk's transcripts and on the same reporter's transcript. The questions involved and all material matters are identical in the two actions.

For the reasons given in the opinion referred to the judgment in favor of the plaintiff is reversed and the judgment notwithstanding the verdict in favor of the defendants Harrah and Stewart & Nuss, Inc., is affirmed.

BARNARD, Presiding Justice.

We concur: MARKS, J.; GRIFFIN, J.