Root v. Topeka Railway Co.

The opinion of the court was delivered by

Porter, J.:

Plaintiff sued to recover damages for injuries sustained while a passenger in a street car. The jury returned a verdict for the defendant. Judgment was entered against plaintiff, from which he appeals.

The material facts Were found by the jury in answer to special questions submitted by the plaintiff as follows:

“1. Was plaintiff sitting in his seat at the time he got hurt? ' Answer: Yes.

“2. Was plaintiff hurt by being struck by an iron pole as he brushed something off the lapel of his coat with his handkerchief? Answer: Yes; by protruding his…