Rucker

The defendant appeals from a judgment awarding to the plaintiff damages for personal injuries caused by the negligent operation of a street-car of the defendant.

Paragraphs IV to XVI of the court’s findings are as follows:

The points relied upon by appellant are stated as follows: (1) There is no evidence to support or sustain the finding of the court that the windows in front of defendant’s southbound car were obscured by mist to an extent that it was impossible for the motorman to see any object or person directly in front of the car by reason thereof, and that said motorman took no precaution to remove such obstruction. (2) There is no evidence to support the finding that the motorman in charge of defendant’s south-bound car brought it to a stop for the purpose of permitting passengers and the plaintiff to board the same. (3) The plaintiff was chargeable with contributory negligence as a matter of law. (4) The court erred in failing to find upon material issues made by the pleadings, to wit, whether the defendant was negligent in approaching Redwood Street at a rate of speed approximately twenty miles an hour; whether the motorman on the north-bound car was negligent in…