Robinson v. City & Elm Grove Railroad

Robinson, Judge :

Plaintiff, a motorman on the railway of defendant company, was injured by a collision of the interurban passenger car he was running, with a work car which was allowed to stand in his way on the track. On defendant’s demurrer to the evidence, plaintiff has judgment, and defendant seeks reversal.

The criticism of the declaration is not well taken. The demurrer to that pleading was properly overruled.

The assignment that the court erred in not sustaining defendant’s motion to exclude plaintiff’s evidence is settled by the following: "The defendant can take no advantage of a…