Dallas Ry. & Terminal Co. v. Sullivan

HUTCHESON, Circuit Judge.

The suit was for damages for personal injury. The claim was that plaintiff,-while riding a bicycle on a street in Dallas, was struck and seriously injured, as a result of the negligent operation of defendant’s bus. The defense was, (1) a denial of each and every of the grounds of negligence charged, and that any of them was the proximate cause of the collision; (2) an affirmative plea that plaintiff was himself contributorily negligent; and (3) that plaintiff changed the course of his bicycle just before the collision, without giving notice of his intention to do so,…