Pittsburgh-Wheeling Coal Co. v. Wheeling Public Service Co.

Woods, Judge:

This is an action of trespass on the case, instituted in the circuit court of Ohio county. The declaration alleged damages in the sum of Four Thousand Dollars by reason of an accident wherein a 3-1/2 ton automobile truck owned by,the plaintiff was struck by a street railway car owned and operated by the defendant company. The jury found for the plaintiff in the amount declared on. The plaintiff comes here on writ of error to an order of the trial court setting aside the verdict and awarding a new trial to the defendant on motion of the latter.

The accident occurred at the…