(dissenting).
In my view the trial court was in error in giving that part of quoted instruction No. 11 referring to the proposition that defendant’s motorman should have foreseen or anticipated that there might be such thoughtless action of a fellow passenger as would cause plaintiff’s accident and injury. I think this court is in error in approving such instruction. I also think it was error to fail to instruct on defendant’s theory of defense as presented in its requested instruction No. 3 referred to in the majority opinion. It is my view that the majority, in approving instruction No. 11, and in approving the ruling on requested instruction No. 3, has overlooked the significance of these errors, and the importance of correcting them for future precedent.
Therefore I cannot concur in the majority opinion and I respectfully dissent.