OCR Text |
Show DAMAGE CASE REVERSED Supreme Court Say3 the Lower Court Erred in Its Instructions. The Kuoren.e court has handed down an opinion n verging the judgment of th lOWST court In the VUSC V) domose mitt of Loulaa. B. Paul ogilnM the .-alt bake City Railroad company. com-pany. Mr Paul rued to recover for personal Injuries In-juries Hll'gtrg that he waa thrown from a ear on November i. 1M0. and severely Injured, and that her fall was occasioned by the hcr-Hgencs hcr-Hgencs the carmen In not bringing tho cor to a full Mop. .... It In point) d out bv th Supreme curt thnt lh lower curt In barging tha JuiV, Said among other thing: "If yon believe from tie-evidence tie-evidence -bat the plaintiff did attempt to leave the car while It wan In motion she did .o at her own -Ink. and If he was Injured by reason rea-son Of BUCh attempt, then h Is guilty of contrlba'orv nigllifence nnd cannot recover "Also. If you be.-e that the plaintiff, without with-out waiting- for tho cur to coino to a full Mop, unlertook to and M stey from th" car while In motion, and as a natural result thereof win Injured, then our verdict must he f..r Oki defendant." The trial curt aloo Instructed the Jury tha' UlS hVpP,ri,ri: of the a oidt nl "as not any evidence of negligence on 'he pSXt of the eorn-panv. eorn-panv. The Supreme court. In considering thl. Instruction, holds that, a plnlntlff was a in-renger in-renger undr tho caro of the comnon, th fact of tho happening of the aecMsnl was prima, facie evid-nce of negligence on tho part of the company. fter thepe Instruction were given 'he Jury brought In a verdict for the eompruw. Tho Bupreifs court views the Instructions n erroneous, because of their effect In charging that one Is guilty of negligence ss a m'atti r Of law In itttemotlng to alight from a moving mov-ing car, the law- te-ing well settled to ten-contrary. ten-contrary. Vo- thin am' the further reason that the lower curt refused to "lv.. certain Instruction uaked foi by the plaintiff as to tho duty of a street rallwaj companj tq exercise ex-ercise a high degree of ears and diligence to prevent accident., th- Judgment Is reversed nnd the caune remanded for a new trial. |