North Chicago Street Railroad v. Fitzgibbons

This was an action to recover damages for personal injuries sustained by appellee in stepping off one of appellant’s cars.

The question in dispute was'whether the car had stopped and started up as appellee was getting off, or whether she got off as the car was stopping and before it came to a halt.

Appellee and one other witness testified that the car having stopped, she attempted to alight, and while doing so, the car started and she was thus thrown to the ground.

Five witnesses testified that appellant got off before the car stopped, and the testimony of five others is not consistent with…