Carlson v. Portland Railway, Light & Power Co.

After all the testimony was introduced the defendant requested the court to instruct the jury to return a verdict for the defendant, and assigns error of the court in refusing to so instruct.

It should be stated that the street-car of defendant on Sandy Boulevard makes its stop for East 40th Street at East 39th Street, there being no stop at East 40th Street.

The plaintiff testified as a witness in his own behalf in regard to the circumstances attending the accident, to the effect that at the date alleged he got on the street-car at 80th Street, about a quarter to 8 o’clock, when it was cloudy…