French

This is a. suit for damages alleged to have been suffered by the plaintiff from injuries caused by his being thrown to the ground while alighting from one of defendant’s cars. There was evidence on the part of the plaintiff tending to show that while alighting from the car, after it had stopped, the car was suddenly started forward, and that he was thereby thrown violently to the street. On behalf of defendant, there was evidence tending to prove that plaintiff alighted while the car was in motion.

The court instructed, the jury (among other instructions) as follows:

And the following instruction, asked for by the defendant, was refused:

The case was tried by a jury, and verdict was for the plaintiff. The appeal is from the judgment entered on the verdict and from an order denying the defendant’s motion for a new trial.

The sole errors complained of are the giving of the former and the refusal of the latter of the instructions quoted.

As to the instruction given, it is urged by the appellant, and is not denied, “that there was but one issue in the case, viz.: Was the car started while the plaintiff was alighting therefrom, as he claimed, or did he voluntarily alight therefrom…