Smith v. Metropolitan Street Railway Co.

Plaintiff sued to recover damages for personal injuries lie alleges were caused by negligence of defendant. Tbe cause of action pleaded in .the petition and submitted to the jury is founded on a negligent breach of what is known as the humanitarian rule. The answer is a general denial. The cause is before ns on the appeal of defendant from a judgment of five thousand dollars recovered by plaintiff in the circuit court. Counsel for defendant argue that the court erred in not sustaining the demurrer to the evidence and we shall state the facts material to the issues thus arising.

The injury…