58 Ind. App. 39 | Ind. Ct. App. | 1914
Appellee recovered a judgment against appellant for $6,000, damages for personal injuries received by her through the alleged negligence of appellant while she was alighting from one of its cars. The undisputed facts are in brief as follows: Appellant operates a street car system in the city of New Albany, Indiana. Among other lines it has two lines on "West Spring Street in said city, one known as the Spring Street line and the other the Silver
Appellant objects to appellee’s instructions Nos. 14 and 15 on the question of damages. Instruction No. 15 enumerates the different items of recovery including nursing and medical bills The objection made to these instructions is the same as that made to the admission of evidence as to the value of the nursing performed by the sister of appellee, viz., that the allegations of the complaint are not broad enough to authorize such proof. We first consider the admissibility of the evidence.
Note. — Reported in 105 N. E. 519. As to what is deemed to be invasion'by court of jury’s province, see 14 Am. St. 30. As to presumption of negligence from injury to passenger by collision, see 13 L. R. A. (N. S.) 608, 29 L. R. A. (N. S.) 812. As to amendment of pleading in appellate court to conform to proof, see Ann. Cas. 1913 E 1315. As to reversal of judgment for technical violation of rule that allegation and proof must agree, see Ann. Cas. 1913 D 68. See, also, under (1) 2 Cyc. 1014; 3 Cyc. 388; (2) 6 Cyc. 627; 31 Cyc. 646; (3) 2 Cyc. 1014; (4) 38 Cyc. 1724, 1738; (5) 6 Cyc. 598; 6 Cyc. 1913 Anno. 632—new; (6) 31 Cyc. 448; 3 Cyc. 258; (7) 31 Cyc. 756; (8) 13 Cyc. 239; (9) 38 Cyc. 1711.