Smith v. N. O. Public Service Inc.

Plaintiff sues for damages for personal injuries which resulted from an attack claimed to have been made on him by a street car conductor in the employ of defendant, while plaintiff was a passenger on one of defendant’s street cars. The answer is, in effect, a general denial of the material allegations, coupled with the special defense that such injuries as were sustained by the plaintiff resulted from the fact that plaintiff himself attempted to assault defendant’s conductor, and that, in order to prevent such assault, the conductor struck him with the small iron handle which operates the…