Wahlgreen v. Market Street Railway Co.

Upon the argument following the rehearing in this case, it was urged, first, that the evidence showed beyond a conflict that plaintiff was guilty of contributory negligence. This matter is considered in the opinion heretofore rendered in Department, and the conclusion was there expressed, that the question of the contributory negligence of the plaintiff was one which, under the facts, was proper for the determination of the jury. Further consideration serves but to confirm the soundness of the Department's conclusion in this regard.

Appellant's second complaint is, that the following…