Muskogee Electric Traction Co. v. Eaton

This was an action for personal injuries, commenced by the défendant in error, plaintiff below, against the plaintiff in error, defendant below. The parties hereinafter will be designated “plaintiff” and “defendant,” respectively, as they appeared in the trial ■court. It seems that the plaintiff was injured while traveling on one of the defendant’s electric cars as a passenger, by his car running through an open switch upon defendant’s railway and colliding with a box car which was standing thereon.

The answer of the defendant consisted: (1) Of a general denial; (2) an express denial that it…