Franklin

The action was by Franklin and wife to recover from defendant damages on account of personal injuries received by the wife while a passenger on one of defendant’s cars. The complaint alleged that the car was by defendant stopped for the purpose of permitting passengers to alight therefrom; that while said car was standing still for the purpose aforesaid, the wife, whose ticket entitled her to passage to such point, with due care, endeavored to alight from said car; that while so attempting to alight, and when in the act of stepping from the second to the last step on the car, the defendant, without warning, negligently, carelessly, and unexpectedly to said plaintiff, set said car in motion suddenly and violently, and with such force that the wife was thrown violently from the car to the ground, suffering injuries particularly described, to her damage in the sum of one thousand dollars. The answer denied these allegations and pleaded contributory negligence. The case was tried by a jury, which returned a verdict in plaintiff’s favor for six hundred dollars. From the judgment rendered thereon defendant appeals under the alternative method.

Appellant’s first contention is that the…