69 Ind. App. 645 | Ind. Ct. App. | 1919
This is an action, for personal injuries alleged to have been sustained by the appellee while she was a passenger on one of the appellant’s cars. It appears by the complaint, which was in one paragraph, that the appellant was, on July 13, .1914, operating a street railway system in the city of Indianapolis, and that as a part of said system it owned and operated a double track line on South Illinois street in said city, which street- extends north and south and passes the Union Railway depot; that at that point on said South Illinois street, immediately north of said Union depot, the appellant maintained a station and stopping place for the convenience of persons who desire to become passengers upon its said cars, and that on said day appellee became a
Appellant answered in general denial. The cause was tried by a jury, and a verdict was rendered for-the appellee in the sum of $1,750, upon which judgment was rendered, after a motion for a new trial was filed by the appellant, and overruled by the court.
Appellant’s counsel, after making request for oral argument, failed to appear at the time fixed therefor, though notified, and failed to inform the court that they would not appear.
The only error relied upon for reversal of this cause is that the trial court erred in overruling appellant’s motion for a new trial. Under this assignment of error the appellant complains that the verdict is contrary to law, and that it is not sustained by sufficient evidence, and that the court’s twelfth instruction, and the seventh, tenth, eleventh and twelfth instructions, tendered by the appellee and given by the court, were each erroneous.
' It is earnestly contended by the appellant that the occurrence was so unusual and improbable that no negligence could or did exist in failing to anticipate
Instruction No. 12 tells the jury that so far as medical witnesses have given general scientific evidence, as to the appellee’s present physical and nervous condition, the jury will, in determining the weight it should,give to such testimony, consider so far as the
We find no available error in the record. Judgment affirmed.