Kelly v. Santa Barbara Consolidated Railroad

Plaintiff sued for and recovered damages for injuries sustained by him while a passenger upon an electric street-car of defendant company. From the judgment and from the order denying its motion for a new trial defendant appeals. The principal points urged upon this appeal are the asserted errors in the instructions given by the court. For the. proper consideration of these points a brief presentation of the evidentiary facts becomes necessary.

Upon the Fourth of July plaintiff, desiring to attend the festivities to be held at Oak Park, took passage upon a crowded car of defendant. The seats…