Harrison Richardson v. Thomas E. Gregory

BURGER, Circuit Judge.

Appellant, plaintiff in the District Court, appeals from a jury verdict for defendant-appellee in an action to recover damages for personal injury.

Plaintiff’s testimony established that he was standing on a raised street car platform awaiting transportation. The platform was a concrete island 4% feet wide and running about 18 inches from and parallel to the tracks; it rose above the street level about the same height as the nearby sidewalk. The plaintiff testified he did not see defendant’s auto approaching from behind; the car struck plaintiff, spinning him into the…