Mercer v. Omaha & Council Bluffs Street Railway Co.

Clements, District Judge.

In this action plaintiff seeks to recover damages for personal injuries sustained by him as a result of being struck by defendant’s street car, which accident, he alleges, was caused by defendant’s negligence. The defendant’s answer is a general denial. From a verdict and judgment in favor of plaintiff for $5,000 defendant appeals.

Defendant has a car barn located on the west side of Tenth and the north side of Pierce street in Omaha. Just' east of the entrance of this barn, which is in the northeast *534corner thereof, defendant, with the permission of the city, caused-…