Devaney v. Omaha & Council Bluffs Street Railway Co.

1. Negligence: failure to meet burden. I. If there may be said to be a conflict on whether plaintiff was warned, by gong or otherwise, of the approach of defendant’s car, it is not material on the question whether plaintiff was guilty of contributory negligence, because it is admit- ^ that plaintiff saw the car coming when it was still 300 feet away, on the north track, and while he was next to the south track, and had not begun to go. across, — at all events, when his horse was not yet upon the track. There is a conflict on the speed at which the car was coming, but it, too, is not material…