Berlo v. Omaha & Council Bluffs Street Railway Co.

Tbis is a suit for damages for personal injuries alleged to be due to defendant’s negligence in backing one of its street cars out of a Y at Forty-sixth and Cum*828ing streets in the city of Omaha, and thereby causing' the automobile in which plaintiff was riding to strike against the curb. The trial court sustained a demurrer to the petition and dismissed the action. Plaintiff appeals.

At the time of the accident plaintiff was riding in the automobile of one Mallo as a guest. Defendant urges that the petition shows that Mallo was guilty of. negligence in driving, and that such negligence is a bar…