Earle v. Consolidated Traction Co.

The opinion of the court was delivered by

Van Syckel, J.

This is an action to recover damages-for personal injury.

In the trial court the plaintiff was nonsuited. On this-review the evidence most favorable to the plaintiff must control the decision of this court.

It will therefore be considered upon the facts admitted and the testimony given by the plaintiff on his own behalf..

The accident occurred at night. The trolley car, which was well lighted by electricity, was on Montgomery street, moving towards the Boulevard, over which it was to pass.

The plaintiff was driving a speedy horse towards…