55 Ind. App. 309 | Ind. Ct. App. | 1914
Appellee, as plaintiff below, recovered a judgment against appellant for damages resulting from personal injuries received by him, caused by one of appellant’s cars colliding with a wagon in which he was riding. The only error relied on for reversal is the action of the trial court in overruling appellant’s motion for a new trial. The negligence charged against appellant is that it carelessly and negligently operated its ear at a high and dangerous rate of speed and that it failed to sound the gong or to give any other warning of its approach and that while appellee was driving east on West Michigan Street and while he was in the act of driving around a coal wagon which was proceeding in the same direction, appellant’s car approached from the rear and was negligently run against the wagon on which plaintiff was riding.
Other questions are presented by the record, but as the same questions may not arise at another trial, they are not considered in this opinion.
Note.—Reported in 103 N. E. 812. On the general question of injuries by street car collisions with vehicles or horses, see 25 L. R. A. 508. As to the duty and liability of a street railway, as to vehicles moving along its tracks, see 7 Ann. Cas. 1127; 18 Ann. Cas. 510. See, also, under (1) 36 Cyc. 1616, 1624, 1625; (2) 17 Cyc. 262; (3, 5) 38 Cyc. 1737; (4) 38 Cyc. 1518, 1522; (6) 38 Cyc. 1516.