Clark v. Jackson Consolidated Traction Co.

I am of the opinion that the circuit judge did not err in submitting this case to the jury upon the facts disclosed by the record.

The testimony is in irreconcilable conflict upon the essential facts. The testimony on behalf of the plaintiff tended to show that from the time he turned onto First street until his horses went diagonally across the track near Harwood street, his wagon was at all times so close to the track that the car could not have passed without colliding with it; that the gong was not sounded, nor other warning given, nor any attempt made to stop the car until almost the…