Cincinnati Street Ry. Co. v. Henkel

The petition alleges that the plaintiff, Chris Henkel, a passenger on defendant’s street car, was injured while attempting to alight therefrom, due to the sole negligence of defendant’s agents and servants acting within the scope of their authority, in that the car was caused to start without warning while plaintiff was in the act of alighting; that such agents and servants failed to use the necessary care in observing plaintiff while alighting from the street car.

The answer of defendant railway company admits that plaintiff was a passenger on its street car, and alleges that plaintiff…