Potter v. Sjorgren

Mr. Presiding Justice Shepard

delivered the opinion of the court.

The record presents to this court for review, a judgment for $5,000, recovered by the defendant in error in a suit brought by him for damages by reason of being thrown from his wagon in consequence of being run into by an electric car. A point argued at much length in behalf of the plaintiff in error will be first considered. That contention is that there was a failure by defendant in error to show that at the time of the accident the railway was possessed and operated by the receiver, as alleged in the declaration. (It may be…