Chicago Union Traction Co. v. Jacobson

Appellant relies for a reversal of the judgment upon three grounds: first, that the evidence does not sustain the verdict; second, the refusal of the court to give the third instruction requested by appellant; and third, that the damages awarded are excessive.

It is urged in support of the first ground that “to attempt to cross a street car track in front of a rapidly approaching car, where it appears that the person must be struck by the car, unless it is stopped or slackened in speed, constitutes contributory negligence as a matter of law.” We cannot assent to this proposition. It is too…