Markey v. Consolidated Traction Co.

The opinion of the court was delivered by

Gummeke, J.

John Markey, the defendant in error, who was between four and five years old on the 26th of April, 1896, brings this action to recover damages for injuries received by him through being run down on that day by one of the trolley cars of the plaintiff in error, the Consolidated Traction Company. There was a verdict for the plaintiff on the trial in the court below, and we are now asked to set aside the judgment subsequently entered thereon, for certain errors alleged to-have occurred during the trial of the cause.

The first error which the…