Bennett v. Chicago City Railway Co.

Cartwright and Hand, JJ.,

dissenting:

The defendant asked the court to instruct the jury that the plaintiff had failed to make out a case under the first count of his declaration and that the jury should disre: gard that count. The court refused to give the instruction and the defendant excepted. That count did not allege that the plaintiff was an employee of the defendant, but averred that the defendant was possessed of the intersecting street railway tracks in the streets; that while a train of street cars on Cottage Grove avenue was passing over the intersection at Sixty-third street, the…