40 Ind. App. 100 | Ind. Ct. App. | 1907
Action by appellee. His complaint was in one paragraph, the substance being that his infant son, Leo Beckman, was a passenger upon a street-car operated by appellant in the city of Indianapolis, and that its employes • negligently fan said ear around a curve on its track so as violently to throw said ehild from the car, the wheels of which-ran upon and killed him. The answer was a general denial, the issue was submitted to a jury, and a verdict for $1,000 returned against.appellant, together with answers to interrogatories. Its motion for a new trial was overruled and judgment rendered upon the verdict. The assignment of error is that the court erred in overruling said motion. The first two grounds stated for a new trial are that the. verdict is not sustained by sufficient evidence and is contrary to law. The facts established by the evidence are that appellee’s wife, with her. three children, entered appellant’s ear at Pairview Park, at about 4 o’clock p. m. August 18, 1903, having spent the afternoon at said park in company with her children, her husband’s niece and her child. Leo was seven years and two months of age, and the oldest of the children. The party occupied the first seat back of the motorman, facing forward, in the following order: Mrs. Opperman, the niece, on the right-hand side, her little, girl next to her, Mrs. Beckman’s youngest child, Mrs. Beckman, her older girl, and Leo, the latter sitting on the end of the seat next to the wire screen designed to protect passengers, but which did not reach-to the floor of the car. The ear was an ordinary summer car. It was running with such speed that, in going around an abrupt curve, the child was thrown from his seat, under the wire screen to the ground, run over,
Judgment affirmed.