#### Michael Bittins, Appellee, v. Calumet & South Chicago Railway Company, Appellant.

Gen. No. 19,353.

(Not to he reported in full.)

Appeal from the Superior Court of Cook county; the Hon. Henry V. Freeman, Judge, presiding.

Heard in this court at the March term, 1913.

Reversed.

Opinion filed May 4, 1914.

Statement of the Case.

Action by Michael Bittins against Calumet & South Chicago Railway Company to recover for personal injuries sustained by plaintiff while attempting to board one of defendant’s cars. From a judgment in favor of plaintiff, defendant appeals.

Warner H. Robinson and William C. McHenry, for appellant; Leonard A. Busby, of counsel.

R. J. Finn, for appellee.

*

See Illinois Notes Digest, Vols, XI to XV and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice Baker

delivered the opinion of the court.

*139Abstract of the Decision.

Carriers, § 476 * —when recovery for injuries sustained while aP tempting to hoard a street car not sustained hy the evidence. In an action against a street railway company for injuries alleged to have resulted from the negligence of the defendant in starting a car when plaintiff attempted to hoard it, a judgment for plaintiff held not sustained hy the evidence, it appearing that the plaintiff’s evidence was conflicting and unsatisfactory and a number of witnesses for the defendant testified that the car was in motion when plaintiff attempted to board the same.