Wieland v. Third Avenue Transit Corp.

The evidence presented by the plaintiff was insufficient to sustain the verdict. Assuming that the evidence was sufficient to justify an inference that deceased was struck by a trolley car, it is not sufficient to justify a further inference that the contact was due to negligence of the operator of the car. The suggestion is made that the deceased was crossing the street from west to east, was struck on his right side by a northbound trolley; therefore, he must have crossed in front of the trolley and the operator was negligent in not seeing him. While deceased must have undertaken an east…