45 So. 151 | Ala. | 1907
— This ■ is an action by a passenger against a common carrier to recover damages for a personal injury alleged to have been sustained by the passenger through the negligence of the carrier’s servants in and about the carriage of the passenger. The cause was tried on pleas of the general issue, contributory negligence, and assumption of risk. There were verdict and judgment for the plaintiff for $500, and from an order granting the defendant a new trial the plaintiff has taken this appeal.
The evidence without conflict shoAvs that the car was stopped beyond the street signaled for, that it was a very rough place at which the stop was made, that the conductor aided the plaintiff in alighting from the car,
It follows that the court was uot warranted in setting aside the verdict, either on the ground of error in the refusal to give the special charges requested by the defendant, or on the ground that the verdict was contrary, to the evidence; and the order setting aside the verdict and granting a new trial must be set aside and annulled, and the verdict and judgment rendered for the plaintiff will stand intact in the court below.
Keversed and rendered.