Lerner v. Public Service Railway Co.

The opinion of .the court was delivered by

Trenchard, J.

The plaintiff below sued to recover for injuries sustained while attempting to enter a street car of the defendant company. The action was tried in the district court witli a jury,.and the defendant appeals from the judgment entered upon the verdict for the plaintiff.

At the trial it appeared from the evidence produced by both sides that the plaintiff, an able-bodied man. attempted to board the car against the will of the conductor, but that he got no farther than the step, from which position he fell to the ground and was injured by the…