Killmyer v. Wheeling Traction Co.

LyNoi-i, Judge :

By writ of error defendant seeks review and reversal of a judgment against it in this case. The action is for recovery of damages for an injury to plaintiff.

While there is conflict in the evidence in some respects later noticed, it sufficiently appears that plaintiff, about midnight on the day of the injury, was a passenger on defendant’s traction lines, and as such entitled to transportation from Moundsville to Wheeling, he having paid the necessary fare for the trip. On the arrival of the car at Bogg’s run, an intermediate point, those in charge thereof, finding the tracks…