Sullivan v. Market Street Railway Co.

This is an appeal from an order granting a new trial. The order reads as follows: “In this action the plaintiff’s motion for a new trial herein having been argued and submitted, now, by the court, it is ordered that said motion be, and the same is, hereby granted for the reason only that the court erred in giving as modified defendant’s instruction relative to the presumption of negligence, being the instruction to which plaintiff’s exception No. 7 was reserved in the statement on motion for new trial herein.”

The modified instruction referred to reads: “In an action against a railroad company…