Strauss v. Metropolitan Street Railway Co.

— Plaintiff’s action is for damages alleged to liave bene caused by defendant running into Ms wagon with one of its street cars, throwing *154him out and inflicting painful injury. He recovered judgment in the circuit court.

The action is founded on the humanitarian rule. Plaintiff was approaching defendant’s street car track with his horse and wagon. He was driving, and his son sitting beside him. The evidence tends to show that he could have seen the approaching car for as much as two hundred feet from the crossing; and the motorman saw him, or could have, had he been looking, when he was one…