184 Ind. 600 | Ind. | 1916
Appellee recovered a judgment against appellant on account of personal injuries resulting from a collision between a motorcycle on which appellee was riding and a small locomotive engine operated by appellant on a sidetrack at its factory on Eighteenth Street in the city of Indianapolis. It is asserted on behalf of appellant that the demurrer to the complaint should have been sustained for the reason that the facts alleged show as a matter of law that appellee was guilty of contributory negligence. From an examination of the complaint the court is convinced that there is no merit in this objection. The demurrer was properly overruled.
Several causes are assigned in the motion for a new trial, the overruling of which is assigned as error. Those presented on appeal question the rulings of the trial court in giving certain instructions and in refusing others tendered by appellant. The sufficiency
Note. — Reported, in 111 N. E. 8. As. to invasion, by court of the jury’s province, see 14 Am. St. 36. On violation of rule as to giving of signals as evidence of negligence towards member of public, see 8 L. R. A. (N. S.) 1063, See, also, under (1) 33 Cyc 1103; (2) 38 Cyc 1707.