Brown v. Congress & Baker Street Railway Co.

This action was brought to recover damages for injuries sustained by reason of the alleged negligence of the defendant while riding upon one of its cars, and the important question, and only one in my opinion, is whether under the plaintiff’s testimony the case should have been submitted to the jury.

The plaintiff testified, in substance, that on' the night of October 10, 1881, he with his wife and child entered one of the defendant’s cars, in which there was an abundance of room ; that he then went out of the car and walked around to the front platform to smoke; that the car was alike at both…