State ex rel. Dunham v. Ellison

Cerliorari. (1) The trial court erred in refusing to give relators’ demurrer to the evidence and the Court of Appeals erred in sustaining the ruling of the trial court refusing to give said demurrer, in so doing refusing to follow the last previous rulings of the Supreme Court, (a) The motorman was not guilty of negligence under the humanitarian doctrine in failing to stop his car after discovering Griggs lying on the track within fifteen feet of the car, nnd at a time when the car was going about eight miles an hour; the motorman having but a little over one second in which to avoid running…