Helber v. Spokane Street Railway Co.

Tlie opinion of the court was delivered by

Dunbar, J.

This is an action brought by the appellant against the respondent, the Spokane Street Railway Company, to secure damages for injuries alleged to have been sustained by reason of a collision between his wagon, in which he was sitting and driving his team, and a street car owned and operated by respondent in the city of Spokane. The complaint is the ordinary complaint in such cases. The answer tenders th§ issue of contributory negligence. At the close of plaintiff’s testimony the defendant challenged the sufficiency of plaintiff’s evidence and…