Moeller v. Market Street Railway Co.

GRAY, J., pro tem.

The jury awarded plaintiff $5,000 against defendants Market Street Railway Company, August Stoltz, its motorman, and Daniel Cassotta, its conductor, for personal injuries, which she claimed to have received because defendants negligently started a street car as she was alighting therefrom. From the judgment entered accordingly, defendants appeal, assigning as error (1) the insufficiency of the evidence; (2) certain instructions given and refused; (3) excessive dainages, and (4) denial of their motion for a new trial.

As is usual in this type of litigation, the respective…