Colorado Springs & Interurban Railway v. Marr

Morgan, Judge.

The defendant company appeals from a judgment against it for $5,500 in the El Paso District Court on a complaint for *50damages for personal injuries sustained while plaintiff was alighting from one of defendant’s street cars on August 16, 1908.

Eighty-one assignments of error are discussed under the following contentions:(1) That there was a variance between the pleading and the proof concerning the circumstances, under which the plaintiff sustained injuries; (2) that the court erred in giving and - refusing' instructions; (3) in admitting testimony to which defendant objected; and…