Mathis v. Tutweiler

DENISON, Circuit Judge.

Plaintiffs below, plaintiffs in error here, brought separate suits for an injury to Mrs. Mathis when she was struck by the car of the Memphis Street Railway Company. The two cases were consolidated for trial. The trial court directed a verdict for defendant, at the end of plaintiff’s testimony.

After dark Mrs. Mathis prepared to take a car at its regular stopping place. When the approaching car was a short distance away, she stepped off the curb down to near the track and waited. The distance from curb to rail was 12 feet. When the car wks some 60 or 70 feet away, she…