58 Ind. App. 92 | Ind. Ct. App. | 1915
Appellee sued appellant to recover damages for personal injuries, alleged to have been caused by the negligence of appellant. It is shown by the complaint that at the time of receiving his alleged injuries, he was a passenger on one of appellant’s ears, and when such car was nearing his destination, he “had left his seat in said car and was proceeding in a careful and prudent manner to alight from said car and while said car was still standing he had stepped down the rear steps of said ear, leading from the rear platform thereof to the ground, and had reached and was then standing upon the last or lower step attached to said platform, and just as plaintiff was in the act of stepping from said last step to the ground, but before he had proper or reasonable time to properly alight safely from said car and just as he had thrown the weight of his body outward and downward in the act of stepping from said ear as aforesaid and without any warning or indication to do so, the said conductor and the said motorman having the said ear in charge, and being then and there in the defendant’s employ in such capacity, suddenly, carelessly and negligently and before plaintiff had proper and
We need not decide the question of the sufficiency of the
Other errors have' been assigned and discussed, but as a new trial must be ordered, and as the same questions need not necessarily arise again, • we pass them without further consideration. For the error in giving the instruction above referred to the judgment is reversed and the cause remanded for new trial.
Note. — Reported in 107 N. E. 682. As to passenger’s contributory negligence in alighting from moving train, see 17 Am. St.