Louisville Ry. Co. v. Hibbitt

*44Opinion op the Court by

Judge Carroll

Reversing.

Appellee Hibbitt, a motorman on a street car running on Eiftli street, was injured in a collision between the car he was operating and another of the appellant company’s cars at the corner of Fifth and Market streets. The petition charged that the collision was due to the negligence of the motorman in charge of the Market street car. The answer was a traverse and plea of contributory negligence, and to this plea there was no reply. At the conclusion of the testimony offered for Hibbitt, counsel for the company moved the court to peremptorily…