Swoboda v. Metropolitan Street Railway Co.

The action is for negligence in the management of one of the defendant’s horse-cars when the plaintiff was attempting to board it for the purpose of taking passage thereon.

It is conceded by the appellant that there are no questions* of fact before this court, exéept that of excessive damages, and in, the brief of its counsel the following appears: “It is unnecessary to *9refer to the particular facts of 'the action, as, without doubt, the case upon the facts was one for the jury to pass upon.” Nor, was there any exception to the charge by which the case was submitted to the consideration of the…