Miller v. Public Service Corp.

The opinion of the court was delivered by

Bergest, J.

The first point urged in the support of this appeal is, that there was sufficient proof of negligence on the part of the defendant’s servant to require its submission to the jury. The only basis upon which defendant’s negligence can be rested in this ease is, that the motorman was charged with knowledge that the position of the plaintiff was within the range of the swing of the rear of the car, and therefore he should have stopped the car, or warned plaintiff as he passed that she was liable to be struck by the rear of the car if she…