District Court, W.D. North Carolina April 27, 1962, Civ. A. Nos. 396, 397 (Porter v. Philyaw)

WARLICK, Chief Judge,

These two cases which were consolidated for trial by consent of all parties, stem from a collision of a 1955 Buick *286automobile owned and operated by plaintiff, Mrs. Porter, and in which the plaintiff Mrs. Catron was riding as a guest passenger, and a 1956 Ford dump truck owned by the defendant Philyaw and operated by the defendant Crews.