
    No. 856
    CLEVELAND RY. CO. v. HUNT
    No. 19987.
    Supreme Court
    On motion to certify.
    Dock. July 16, 1926;
    4 Abs. 493.
    829. NEGLIGENCE — Where the testimony reveals that a street car strats with a jerk which is alleged to have caused the injury complained of to a passenger in said car, has actionable negligence been supported?
    Attorneys — Squire, Sanders & Dempsey for Company; W. J. Corrigan for Hunt; all of Cleveland.
   This action was brought originally by Ellen Hunt in the Cuyahoga Common Pleas against the Cleveland Railway Company for damages arising from personal injury received while a passenger on a car owned and operated by the company.

It appears that the street car was crowded and that a sudden jerk of said car caused an intoxixeated person to injure the complainant. The evidence did not support a conclusion that the equilibrium of the party intoxixeated was effected by the jerk of the car.

The judgment of the Common Pleas in granting a motion for a directed verdict in favor of the Company was reversed by the Court of Appeals on its finding that evidence showing an unusual jerk will support a contention of actionable negligence.

The Company in the Supreme Court contends : '

. 1. That the Court of Appeals erred in reversing the judgment of the Common Pleas in granting a directed verdict.

2. That no actionable negligence had been supported by evidence.  