53 Ind. App. 34 | Ind. Ct. App. | 1913
— Appellee, accompanied by her husband and two small children, became a passenger on one of appellant’s trains at French Lick, Indiana, having a ticket which entitled her to be carried to Cuzco, a station on appellant’s line of railroad a few miles south of French Lick. Appellee charges in her complaint that when the station of Cuzco was announced, and the train had come to a stop, she went forward to the door of the coach in which she was riding, for the purpose of leaving the train; that the train stopped for a moment only, and when she reached the platform of the coach the train was slowly moving forward. Believing
The errors assigned are: (1) overruling the demurrer to the complaint; (2) overruling the motion for judgment on the answers to interrogatories; (3) overruling the motion for a new trial. The first specification of error is not relied on, nor is it insisted that the proof does not disclose negligence on the part of appellant. Under the second specification of error, appellant urges that the answers to interrogatories returned with the general verdict, show that appellee was guilty of contributory negligence, and that said answers are in irreconcilable conflict with the general verdict.
Appellant further urges that the court erred in overruling its motion for a new trial. The particular errors complained of and specified in the motion as grounds for a new trial relate to the giving of certain instructions and the refusal to give other instructions.
Appellant was clearly entitled to have the court instruct the jury on the question of contributory negligence, as well as on the facts Avhieh, if shown, would constitute contributory negligence. And if the court had given no instruction on this general subject, refusal to give the instructions requested would result in a reversal. But we think the court, by instruction No. 7, given on its own motion, fully covered the features included in the instructions refused.
By instruction No. 7 the court told the jury that it was the duty of appellee to remain seated in the ear until the train was brought to a stop at the station, and it was then her duty to leave her seat with reasonable dispateh, pass out of the coach and get off of the train at the place where
Judgment affirmed.
Note. — Beported in 101 N. E. 105. See, also, under (1) 38 Cyc. 1927; (2) 38 Cyc. 1869; (3) 38 Cyc. 1929; (4) 38 Cyc. 1901; (5) 6 Cyc. 612, 613; (6, 8) 38 Cyc. 1815; (7) 6 Cyc. 612; (9) 38 Cyc. 1711. As to carrier’s duty to afford passenger time and place to alight on leaving train, see 7 Am. St. 832. On the question of the carrier’s duty to see that passenger has alighted before starting train at station, see 25 E. B. A. (N. S.) 217. As to the time allowed passenger to alight, see 4 E. B. A. (N. S.) 140. As to the duty of a railroad company to allow passenger time to board or alight from trains, see 7 Ann. Cas. 760; 14 Ann, Oas. 962; Ann. Cas. 1912 C. 794.