Wilson

— This is an action for damages caused by the carelessness of the driver of a street-car drawn by horses belonging to the defendant corporation, and a defect in the steps of the car, by means of which the plaintiff was thrown from it as she was attempting to alight therefrom, when it had stopped for her to get off.

The evidence showed, as we think, beyond any controversy, that the injury, which is very serious, was caused *322 in this manner, viz.: The plaintiff, when the car stopped, placed one foot on the ground, and had the other still resting on the step, when the driver suddenly started the horse-car. The step was jerked from under her foot, planted thereon, and she was precipitated violently to the ground, and her hip severely injured.

The evidence is ample to show both the carelessness of the corporation in having such a defective step on its car, and the gross negligence of the driver of the car in starting it just as the passenger, the plaintiff, was stepping from it.

The only matter about which there is really any serious question in the case is the instruction, which reads thus: “ If you believe from the evidence that at the time of the accident the plaintiff was…