Nickerson v. Union Traction Co.

The opinion of the court was delivered by

MASON, J.:

J. D. Nickerson brought an action on account of injuries received through being struck by a street car. A demurrer to his evidence was sus*173tained, but the court, upon further consideration, set this ruling aside and granted a new trial. The defendant appeals, contending that the first decision was correct and the second erroneous.

It is not suggested that the plaintiff was denied a full opportunity to make a case, or that additional or different testimony would be produced at another trial. The question presented is purely one of law — Did the…