SMITH, Acting Associate Justice.
This is an appeal from the judgment rendered in favor of the plaintiff and appellee and against the defendant and appellant for the sum of $5,000 in an action to recover damages for personal injuries alleged to have been sustained by the plaintiff as the result of the negligent operation by defendant of a street car used by it as a common carrier.
On the trial of the case, after issue joined, and before a jury duly impaneled...
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