Kimber v. Metropolitan Street Railway Co.

The learned trial justice set aside the verdict and granted a new trial upon the sole ground that the evidence did not warrant the finding of the jury that the plaintiff was free from contributory negligence. The version of the plaintiff is that he sought passage on a car of the Second Avenue Line of the defendant at a place where the defendant was operating that line on two middle tracks and its Third Avenue Line on two outside tracks. He stood ■close to the outside tracks, and saw two cars of the different lines coming abreast. When the cars were 75 feet distant, he looked at ■the motorman…