Lilly v. Wichita Railroad & Light Co.

The opinion of the court was delivered by

Harvey, J.:

This is an action for damages for personal injuries sustained by plaintiff in a collision with a street car alleged to have • been caused by the negligence of defendant. The trial court sustained a demurrer to plaintiff’s evidence, and he has appealed.

While other questions are argued, we find it necessary to consider but one, that of plaintiff’s contributory negligence. The evidence, so far as it relates to that question, is as follows: Plaintiff, a man well along in years, whose home is at Pratt,' was in Wichita the evening of February 5,…