Schmid v. Morehead

Plaintiff brought suit to recover damages for personal injuries sustained by reason of being struck by a streetcar operated by defendant. Plaintiff’s declaration, in 2 counts, first declared on defendant’s negligence and plaintiff’s freedom from contributory negligence, and in the second count alleged subsequent negligence. The trial court submitted the ease to the jury on both theories and the jury returned a verdict for plaintiff. On- motion, the trial court entered a judgment for defendant non obr stante■ veredicto from which plaintiff appeals.

The accident occurred at a safety zone for…