Wheeler v. Des Moines City Railway Co.

The controlling question is whether plaintiff was entitled to go to the jury. The immediate cause of plaintiff’s fall was a collision between an automobile (following and attempting to pass) and the overswing of the street ear as the street ear was turning into another street.

The car was a two-mán car, 35 or 40 feet long, provided with rear right-hand entrance and conductor’s station at such entrance. The route of the car was east on Walnut Street to Second Street, thence north on Second. The car was admitted to Second Street by means of a switch, which the motorman operated through the front…