Day v. Sampsell

This cause was submitted to a jury, who returned a verdict in favor of defendant, upon which the trial judge, after overruling, the motion of plaintiff for a new trial, entered a judgment of nil capiat and for costs. Plaintiff brings the record to this court by writ of error for review and a judgment of reversal of the trial court’s judgment and the award of a new trial.

The action is case for personal injuries suffered by the plaintiff in alighting from an electrically propelled car operated under the direction of defendant as receiver. At the time of the accident plaintiff was a passenger.…