Hartman v. Pullman Co.

Hare, P. J.,

In the affidavit of defense filed, the defendant insists that the plaintiff is not entitled to have his cause submitted to a jury, because (1) the statement of claim does not contain any averments of fact convicting the defendant of negligence, requiring it to respond in damages; *439and (2) under his own averments, the plaintiff is barred by his contributory negligence.

The object of the suit is to recover the value of certain property alleged to have been stolen from the plaintiff while a passenger on a Pullman sleeping-car. According to the statement, the plaintiff was a passenger…