Capital Traction Co. v. Lyon

SMITH, Acting Associate Justice.

This is an appeal from the judgment rendered in favor of the plaintiff and ’ appellee and against the defendant and appellant for the sum of $5,000 in an action to recover damages for personal injuries alleged to have been sustained by the plaintiff as the result of the negligent operation by defendant of a street ear used by it as a common carrier.

On the trial of the case, after issue joined, and before a jury duly impaneled, the plaintiff testified that on the 1st of June, 1925, he boarded the defendant’s Fourteenth and Colorado Avenue car at Fifteenth and…