Klopfenstein v. Union Traction Co.

The opinion of the court was delivered by

West, J.:

The defendant appeals from an order denying its motion for judgment on the findings of the jury and from an order granting a new trial. The plaintiff also appeals from the latter order.

The petition alleged that the defendant, in removing the bricks, blocks, and stone, rock, cinder and sand filler supporting its track, left a hole between the rails and piled up the removed material so as to form a dangerous obstruction in the street, which was left unguarded and without signal or warning; that the plaintiff while driving his automobile along…