De Lon v. Kokomo City Street Railway Co.

— Appellant sued appellee to recover damages for wrongfully and negligently running a car against appellant’s wagon, throwing him to the ground and injuring him. The paragraph of the complaint to which the evidence seems to have been addressed avers that the negligence consisted in appellee’s servants running a car against appellant’s wagon while he was attempting to cross the car tracks; that, after appellee’s servant in charge of the car saw appellant attempting to drive across, he increased the speed of the car; that, after such servant saw and knew of appellant’s peril, he could have…