MacDonald ex rel. Emmco Ins. Co. v. Capital Transit Co.

RICHARDSON, Chief Judge.

Suit was brought by the owner of an automobile for damages caused to it by the alleged negligent operation of a street car of the- defendant Transit Company. The case was tried by the court without a jury. Judgment was for defendant upon a finding that the car colliding with plaintiff’s automobile was not negligently operated by defendant’s motorman. Plaintiff has appealed. As the question on this appeal is whether the trial court’s finding “is plainly wrong or without evidence to support it” 1 a statement of the pertinent facts will be necessary.

On the morning of…