Wolff v. Capital Transit Co.

RICHARDSON, Chief Judge.

Appellant sued the Capital Transit Company for damages to his automobile. The case was tried by the court, which, after finding that plaintiff’s negligence was the proximate cause of the collision, ordered judgment for defendant.

Certain facts are not in dispute. The collision occurred on Michigan Avenue, N. E., in the early afternoon. Defendant’s car tracks occupy the center of the street. The space between the car tracks and each curb is 20 feet wide. Plaintiff had passed the street car and his automobile was proceeding in a westerly direction, with the street car…