113 Ky. 15 | Ky. Ct. App. | 1902
Opinion of tiie coitp.t by
Reversing.'
Appellant was a passenger on appellee’s street railway on the evening of July 4, 1899. It was dark when the car reached its destination. The cars were stopped at or ueai the usual street crossing. In attempting to alight, appellant. fell, severely injuring her ankle. She complains of appellee, charging it with negligence in stopping the car at a point wiiere the steps she wais to use in alighting w’ere just over a hole or unusual depression in the street, and in not warning her of the danger before she stepjied from the car. The evidence disclosed that the street in question was a macadam road. It had become so worn at this particular point that a depression wais formed of two or three feet in length, and six inches deep. It was at the edge of the appellee’s1 track, and so near it that one stepping from the car wmuld be apt to step into it. It was easily to be seen in the light. At the close of the evidence for appellant a peremptory instruction to find for the defendant was given. For appellee it is argued that the street at the point in question wras under the exclusive control of the city, which alone had either the duty or the right to make repairs, and that appellee merely undertook to safely carry appellant to
The judgment is reversed, with directions to award appellant a new trial under proceedings not inconsistent herewith.