42 Minn. 42 | Minn. | 1889
There is no claim in this case that the testimony was not sufficient to justify the jury in declaring that defendant was negligent in its management of a street-car at the time the plaintiff received the injuries complained of, and while he was a passenger. But the appellant contends that this same testimony shows that the plaintiff was guilty of contributory negligence in attempting to alight from the car while it was in motion. It is well settled that it is not negligence per se for a person to get on or off a street-car drawn by horses while it is in motion. It depends upon the circumstances surrounding each ease, and the question is ordinarily one of fact, to be submitted to the jury. McDonough v. Metropolitan R. Co., 137 Mass. 210; Conner v. Citizens’ Street Ry. Co., 105 Ind. 62, (4 N. E. Rep. 441;) Eppendorf v. Brooklyn City & Newton R. Co., 69 N. Y. 195. The conditions attending such an act might, from the undisputed
Order affirmed.