Metropolitan Street Railway Co. v. Slayman

The opinion of the court was delivered by

Ellis, J. :

On the 27th day of December, 1899, the plaintiff below was driving a heavy wagon along the Southwest boulevard, in the city of Rosedale. The street-railway company operates a line of its road on that boulevard, and just as it became dark on the day named one of its cars, manned by an extra motorman and conductor, was “running in” after having made the last trip for the day. The plaintiff below testifies that he had been driving for some distance along one side of the street; that the road was rough, and he thought it would be smoother on the…