The defendants appealed from the judgment in each of the five actions which were tried together, by consent, in the Superior Court. These actions all arose out of the same accident, and involved the same issues with respect to the liability of the defendants to the several plaintiffs in said actions. Only one statement of the case on appeal has been certified to this Court. There were no objections by the defendants to evidence offered at the trial with respect to the issues involving liability. The only evidence admitted by the court over the objections and subject to the exceptions of the defendants was evidence with respect to the amount of damages which Mrs. Mary P. Holden was entitled to recover of the defendants in the action brought by her.
Assignments of error based on these exceptions cannot be sustained. The evidence admitted by the court was not offered or submitted to the jury as tending to show that Mrs. Holden was entitled to recover special *247damages which she had not alleged in her complaint. It was competent as tending to show the extent of her injuries, and was submitted to the jury for that purpose only.
There was evidence tending to show that the defendant W. L. Poole, in violation of the statute law of Yirginia, after he had notice that the automobile in which the plaintiffs in the several actions were riding was approaching him from his rear, and after the driver of the said automobile had warned him by the sounding of his horn of his purpose to pass the said defendant on the highway, suddenly, without warning, turned his automobile across the highway in front of the automobile in which said plaintiffs were riding. This evidence was submitted to the jury under instructions which are free from error. It was sufficient to support the finding by the jury that the plaintiff in each of the actions was injured by the negligence of the defendants.
There was evidence tending to show that the plaintiffs in the several actions were engaged in a joint enterprise, as alleged by the defendants in their answers. The jury, however, found that the driver of the automobile in which the plaintiffs were riding did not by his own negligence contribute to his injuries. This finding was supported by evidence which was properly submitted to the jury. If the driver of the automobile was not barred of recovery by his own negligence, then it follows that the defense relied on by the defendants in the actions brought by the other plaintiffs was not sustained.
"We have carefully considered each of the assignments of error relied on by the defendants. None of them can be sustained. The judgment in each action is affirmed.
No error.