70 Ind. App. 192 | Ind. Ct. App. | 1919
This was an action brought by the appellee against the appellant to recover damages for
Errors relied upon for reversal are: (1) The court erred in overruling appellant’s demurrer to the complaint. (2) The court erred in overruling appellant’s motion for judgment in its favor upon the interrogatories answered by the jury notwithstanding the general verdict. (3) The court erred in overruling appellant’s motion for a new trial.
The substance of the complaint, so far as is necessary for this decision, is as follows: The appellee is the administratrix of the estate of John Hardwick, deceased. The appellant at the time of the accident resulting in the death of appellee’s decedent operated a street railway from the city of Indianapolis to the city of Connersville, Indiana, as a common carrier of passengers for hire. Stop 33 was one of its stopping places, at which it stopped upon signal given to the motorman in charge of the car. In order to give such a signal after dark, it was customary for intended passengers to enter upon the track at said stopping place and swing a light across the track in
So far as is material to this decision, the jury found in substance: That the decedent and his daughter had gone to stop 33 after dark, for the purpose of taking-passage on one of appellant’s ears to Bushville. The decedent lived about one-half mile from said stop for eight months before the accident. He was fifty-seven or fifty-eight years of age, his hearing and eyesight were good, and he could read. He had frequently boarded and alighted from cars at this stop, and was acquainted with the surroundings and location, and knew that work trains, freight trains and passenger cars passed said stop both in the daytime and nighttime ; that the train that killed decedent consisted of
We find no reversible error. The judgment is affirmed.