Holley v. Omaha & Council Bluffs Street Railway Co.

Blackledge, District Judge.

This action is by the plaintiff to recover of the street railway company for injuries alleged to have 'been negligently inflicted by the premature starting of a street car with a sudden jerk while plaintiff was in the act of alighting, thereby throwing him to the street and injuring his hip and leg. The defendant in its answer pleads: (1) A denial. (2) That plaintiff alighted in safety and took several steps away from the car and then slipped upon ice or snow and fell to the street.

There was a verdict and judgment for plaintiff. Upon •the trial the court instructed…