Wiley v. Southwestern Interurban Railway Co.

The opinion of the court was delivered by

Mason, J.:

A car of an interurban electric line ran into a team and covered wagon in a city street. The owner brought an action against the company. A demurrer to his evidence was sustained, upon the ground that -it showed him to have been guilty of contributory negligence. He appeals.

The plaintiff introduced evidence tending to show these facts: Having stopped, while driving by the side of the track, parallel to it, he looked backward, where he could see a distance of three or four blocks of 350 feet each, and saw no car. He then drove at a walk for…