65 Ind. App. 1 | Ind. Ct. App. | 1917
— Appellee filed his complaint in the court below to recover damages on account of injuries to himself and to his automobile, alleged to have been caused by the negligent operation of one of appellant’s interurban cars at a street crossing in the city of Connersville, Indiana. Appellant answered by general denial. Trial was had by jury, and judgment was rendered in favor of appellee for $1,000. From this judgment appellant prosecutes this appeal, and relies for reversal on the action of the trial court in overruling its motion for judgment in its favor on the interrogatories and answers returned by the jury with its general verdict for appellee, and in overruling its motion for a new trial. In the latter motion appellant bases error, among other things, on the action of the court in giv
Among the instructions given by the court on its own motion is No. 6, which reads as follows: “Under the
issue formed by the pleadings filed, the plaintiff must prove the alleged negligence of the defendant railway company, by a fair preponderance of the evidence, and the defendant as a matter of affirmative defense must prove negligence on the part of the plaintiff at the time of the accident alleged, by a fair preponderance of the evidence.”
Appellant also contends that the court erred in overruling its motion for judgment on the interrogatories and answers thereto notwithstanding the general verdict. We have examined the interrogatories and answers in the light of appellant’s contention, but do not express an opinion as to its merits, as we have concluded, in view of the entire record, that the - ends
We note appellee’s contention that appellant’s statement of errors relied on, as to the overruling of its motion for a new trial, is too general to raise any question. We do not consider this contention well taken, as there seems to be a substantial compliance with the rule in that regard.
The judgment is reversed, with instructions to sustain appellant’s motion for a new trial, and for such further proceedings as are not inconsistent with this opinion.
Note. — Reported in 116 N. E. 594.