Cole v. Capital Transit Co.

PROCTOR, Circuit Judge.

Appellant sued in the District Court for damages resulting from injuries allegedly caused by “negligent operation” of a streetcar of appellee. At the trial she adduced evidence in chief that she was a passenger on the streetcar and was injured by a sudden and violent stopping of the car. Without attempting proof of any specific act of negligence, she invoked the doctrine of res ipsa loquitur and rested her case. The Transit Company produced evidence tending to prove that the motorman was forced to make the sudden stop by an automobile of one Barnes unexpectedly cutting…