Little v. Street Railway Co.

Plaintiff, while digging in a sewer-connecting ditch in a street in G-rand Bapids, was struck in the back by the projecting foot-board of an open passenger street-car, and badly injured. He sued defendant for damages, but the court below took the case from the jury on the ground of contributory negligence.

The testimony showed that a public sewer runs down the middle of South Division street, between two parallel tracks of defendant's railway. Plaintiff, with another person, was employed to dig a ditch from a lot owned by Mr. Barnes on the east side of the street to this sewer, for the purpose…