Gallagher v. West End Street Railway Co.

There were two theories as to the cause of the accident in this case. The plaintiff’s theory was, that she motioned to the driver to stop the car, and he nodded assent; that he then stopped the car, and she put one foot on the step of the car,°and took hold of the rail of the dasher; and that, while she was in the act of raising the other foot, the car suddenly started, and she was thrown down, and injured. The defendant’s theory was, that while the car was in motion, at a place where by the rules of the defendant company the driver had no right to stop it, the plaintiff rushed from the…