40 Ind. App. 214 | Ind. Ct. App. | 1907
Action by appellee to recover damages alleged to have been occasioned by personal injuries received by him by reason' of the negligence of appellant, while he was a passenger upon one of its electric cars. The amended complaint is in two paragraphs, in both of which it is averred that appellant is a corporation engaged in operating an interurban railway system upon which it carried passengers for hire, and that appellee took passage upon one of its cars in Jeffersonville on December 18, 1903, paid his fare to New Albany, and, desiring to leave the car at the intersection of Market and Yincennes streets, a usual stopping place, at a proper distance therefrom, signaled the motorman to stop at such crossing; that when said car reached the crossing he left his seat at the invitation of the conductor and stepped down upon the step of said car to alight therefrom, but before he could step off the motorman suddenly, negligently and without warning, started said ear forward with a lurch, precipitating plaintiff to the street and inflicting injuries which are described.
Judgment affirmed.