Carr
Carr v. River & Eureka Railroad
Opinion
Lead Opinion
Garoutte, J.
—Respondent recovered five thousand dollars damages for personal injuries, claimed to have been sustained by her through the negligence of appellant, and this appeal is prosecuted from the judgment and order denying a motion for a new trial. The first count of the complaint relies for a recovery upon the theory that plaintiff, a passenger, was not allowed a reasonable time to alight from the train at Rhouerville, her point of destination, but that appellant negligently and carelessly started the train while she was upon the steps of the coach, preparatory to alighting, and thereby threw her to the ground, causing permanent injuries.
The second count of the complaint is based upon the allegations that appellant negligently carried its coach in which she Avas seated beyond the platform for the use of passengers alighting from the cars at said station, and stopped the said coach at an unsuitable place for passengers to alight therefrom; that respondent attempted to alight, but appellant failed to allow her a reasonable time within which to do so, and while she Avas upon the steps of the coach, attempting to leave the train, the coach Avas started, she was thrown to the ground, and…