car almost to a standstill, but at her said remark he released the brakes and went on. He said also, in the course of his evidence:
The said lady, Mrs. Younkers, who was a witness for the plaintiff, testified that she came out into the vestibule and asked the motorman to let her off at Ninth Street, as she could not get off at Eighth Street (her usual place to get off) as it was so muddy, and he said "All right." She could not say whether or not she got up to come out (into the vestibule) before the car came to Twelfth Street, but it was " along there " that she went out into the vestibule. She did not see anybody on the track. She did not learn of the accident until afterwards.
A Mr. Wood, who was working in his garden at the North West corner of Twelfth Street and Ninth Avenue, heard, after the car had passed, the boy shouting " help me," and went and picked him up. The leg that was hurt was across the rail on the south side of the track. Blood was lying on the south side of the track inside the rails. A rubber was found in the mud.
Two men, who were on the car at the back, testified that they saw, from the back of the car, a boy lying on the roadway. One of these men was an employee of the defendant, but did not report the matter, as he did not connect it at the time with anything to do with the street railway. The evidence of the infant plaintiff, and also the evidence of a girl of nine years of age (called on behalf of the plaintiffs) and of a girl of seven years of age (called on behalf of the defendant) was given not under oath, as provided for in s. 19 of The Alberta Evidence Act, R.S.A., 1922, c. 87, which reads as follows:
Statutes and regulations cited
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Unresolved citations
- s. 19 of The Alberta Evidence Act