Funk v. Electric Traction Co.

Opinion by

Mr. Justice Green,

A compulsory nonsuit having been entered in the court below, there is no testimony on the record except that which was pre*561sented by tbe plaintiff. Tbe injury was occasioned by a collision of the plaintiff and tbe defendant’s car. None of tbe testimony locates tbe plaintiff on the track in front of tbe car, prior to, or at tbe time of, tbe accident, but the whole of it establishes tbe fact of tbe collision, tbe detail of circumstances differing somewhat as it came from tbe different witnesses. Tbe plaintiff was at that time very nearly thirteen years of age. His…