Kelly

Plaintiff sued for and recovered damages for injuries sustained by him while a passenger upon an electric street-car of defendant company. From the judgment and from the order denying its motion for a new trial defendant appeals. The principal points urged upon this appeal are the asserted errors in the instructions given by the court. For the. proper consideration of these points a brief presentation of the evidentiary facts becomes necessary.

Upon the Fourth of July plaintiff, desiring to attend the festivities to be held at Oak Park, took passage upon a crowded car of defendant. The seats and platforms were filled, passengers were standing on the steps, and he himself was obliged to take position upon the lowest step of the left-hand forward end of the car. His fare was tendered and received. After proceeding a short distance the car turned on to a switch or sidetrack to pass around other cars standing upon the main track. Ofie car was so standing on the main track near the place where the car upon which plaintiff had taken passage would come back on to the main line. This other car was of different construction, containing two running boards or steps projecting beyond the…