55 Ind. App. 373 | Ind. Ct. App. | 1914
This was an action for damages for personal injuries received when appellant was struck by appellee’s interurban car while he was walking across a street in the city of East Chicago, Indiana. Upon a former appeal, a judgment for appellee was reversed because the court had instructed the jury to return a verdict for appellee upon the ground that appellant was, as a matter of law, guilty of contributory negligence. This decision is reported as Nelson v. Chicago, etc., R. Co. (1908), 41 Ind. App. 397, 83 N. E. 1019. Upon the present appeal it is urged as error only that certain instructions to the jury relating to contributory negligence were erroneous.
Judgment affirmed.
Note.—Reported in 103 N. E. 857. On the question of burden of proof as to contributory negligence, see 33 L. R. A. (N. S.) 1085; 10 Ann. Cas. 4. See, also, under (1) 29 Cyc. 597, 644; (2) 38 Cyc. 1815.