Lincoln Street Railway Co. v. McClellan

The plaintiff Mary J. McClellan was injured while a passenger on one of the cars of the defendant, the Lincoln Street Railway Company, on June 21, 1892. Claiming her injury was caused by the negligence of defendant’s servants, she brought this action in the district court of Lancaster county and recovered a verdict and judgment for $1,125. The answer of the defendant was a general denial, coupled with an allegation of contributory negligence. The court instructed the jury as follows:

“3. When it once appears from the evidence that the plaintiff was injured while a passenger upon defendant’s…