Read v. Cummings

Plaintiff brought an action against defendants to recover damages claimed to have been sustained by him as a result of the negligence in starting a street car, which he was in the act of boarding, before he had time to do so. There was a jury trial and a verdict and judgment in plaintiff’s favor for $1,250. Defendants appeal.

Plaintiff’s theory of the case is that about 10 o’clock on the morning of May 21, 1941, he was waiting for a southbound Clark street car at the proper place just north of Adams street. The day was warm, bright and the street dry; that the car stopped or virtually came to…