Schleif

(after stating the facts as above). '[ 1 ] The defendant contends that it was entitled to a directed verdict in its favor, both on account of lack of evidence of its negligence and the proof of the plaintiff’s contributory negligence. The negligence of the defendant alleged in the complaint was its failure to give the plaintiff proper warning of the approach of the street car, and the operation of the car at 15 miles per hour, when its speed was limited by ordinance to 12 miles per hour. There was evidence that the car was going at from 15 to 20 miles an hour, and that no bell was rung until the plaintiff was seen on the track, and at a time when the car was within 12 feet of where he stood. In view of the testimony, we do not think it should be said, as a matter of law, that the defendant was not guiltyi of negligence, or that the plaintiff was guilty of such contributory negligence as to bar his right of recovery.

[2] If it were true that the street car was approaching at a rate of •speed prohibited by the ordinance, and the men who were working at ■the manhole were plainly visible to the conductor, the circumstances were such that a jury might properly say that ordinary care…