Middleton v. Omaha & Council Bluffs Street Railway Co.

—The petition, in substance, charges the defendant with negligence in operating the street ear at a high and dangerous rate of speed, failure to give signals, failure to keep a proper lookout, failure to keep the car in proper control, and failure to stop the street car after seeing the plaintiff in a position of peril.

The record shows that, on the 4th day of September, 1928, while the plaintiff was driving his one-ton Ford automobile truck, there was a collision between it and one of the street cars of the defendant, as a result of which the truck was damaged, and the plaintiff suffered some…