37 Ind. App. 539 | Ind. Ct. App. | 1905
Lead Opinion
Action to recover damages on account of personal injuries alleged to have been sustained by appellee through the negligence of appellant. The amended complaint was in one paragraph, to which a demurrer for want of facts was overruled. The cause was submitted to a jury and a verdict for appellee returned, accompanied by answers to a series of eighty-five interrogatories. Appellant’s motion for judgment, notwithstanding the general verdict was overruled, as was its motion for a new trial, such rulings being the basis of the assigned error. Judgment for $2,500 was rendered upon the verdict.
It is averred in the amended complaint that Walnut and Third streets, in the city of Lawrenceburg, cross each other at right angles; that the appellant operated an electric street railroad in said city, its track being laid in Third street and turning at the intersection aforesaid into Walnut street; that it used said streets and operated its railroad by virtue of an ordinance of said city enacted in February, 1899, and extended in May, 1900, by the terms of which it was provided that no car should be run upon any street between crossings at a higher rate of speed than six miles an hour, nor over crossings at a higher rate than four miles an hour, and that a gong or other proper signal should be sounded constantly for 100 feet by cars approaching crossings. It is averred that the view of Third street from Walnut street is obstructed by buildings in the angle formed by said streets; that appellant’s track curved at said crossing, one rail thereof coming within five feet of the sidewalk, and that it was impossible for a team to be driven from Walnut street upon Third street without crossing appellant’s track; that appellee was riding in a wagon drawn by two horses, driven by his co-employe, along Wal
The verdict in the ease at bar has received the approval of the learned judge who presided at the trial, and no good reason has been shown for setting it aside. The judgment is therefore affirmed.
Rehearing
Appellant, in support of its petition for rehearing, criticises the statement of fact made in the opinion as to the time when and the conditions under which the motorman made the statement received in evidence, over its objection.
This case was tried by a jury and at the same time by the learned judge of the Ohio Circuit Court. The verdict of the jury has received the approval of the judge, and it is not for this court to say that it ought not to have been so approved.
Petition for rehearing overruled.