Sullivan v. Omaha & Council Bluffs Street Railway Co.

This is an action to recover damages for personal injury based on the alleged failure of the defendant to perform duties of maintenance and repair of streets and tracks in accord with the provisions of its franchise. Issues were made and trial was had. At the close of plaintiff’s case-in-chief, the trial court, on motion of the defendant, dismissed the action. Plaintiff appeals. We affirm the judgment of the trial court.

Tenth Street in the city of Omaha runs north and south. It is paved with brick. Defendant operated its streetcar line on double tracks in the street, each consisting of two…