Morgan

This action was brought to recover damages for personal injuries alleged to have been caused by the negligence of the defendant, a railroad company. It is averred in the complaint that while plaintiff was in the act of alighting from the car of defendant, it was, through the negligence of defendant’s servants and employees, suddenly and violently put in motion, whereby plaintiff was, without any fault on her part, thrown upon the ground, and seriously injured. The jury gave a verdict in favor of plaintiff for fifteen thousand dollars, for which amount judgment was rendered; and defendant appeals from the judgment, and from an order denying its motion for a new trial.

1. The point of appellant that the evidence was insufficient to warrant any finding of liability on the part of defendant for the injury complained of cannot be maintained.

The accident happened at the town of Delano. At that place the train usually stops with the locomotive at a water-tank, so that water may be taken for the engine while passengers are going off and on the train. When the train arrived on the evening of the accident, the engineer did not succeed in stopping it until the locomotive had gone about a…