Foster v. Union Traction Co.
Foster v. Union Traction Co.
Opinion of the Court
This was an action of trespass brought to recover damages for personal injuries. On the trial of the case in the court below the defendant company requested the court to direct the jury to.render a verdict in its favor. The request was refused on the ground that it was for the jury to determine from the evidence in whose favor the verdict should be. The instructions to the jury appeared to be impartial and free from error, and the result was a verdict and judgment in favor of the defendant company. The plaintiff then appealed to this court alleging that “ the charge as a whole was inadequate and misleading.” This allegation appears in the tenth assignment, and the other assignments are founded upon excerpts from the charge. A careful consideration of the charge as a whole and of the excerpts taken from it, has failed to disclose error in it. Our conclusion is that the appellant has no just cause to complain of anything said or done by the court in the trial of the case. We dismiss all the assignments of error and affirm the judgment of the court below.
Judgment affirmed.
Reference
- Full Case Name
- Foster v. Union Traction Company
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Negligence—Street railways—Jumping from moving car. The Supreme Court will not reverse a judgment on a verdict for defendant in an action against a street railway company for personal injuries where the plaintiff’s evidence that he was thrown from a step of a car by a sudden motion of the car is contradicted by a previously signed written statement by himself that he jumped from the car, which statement was confirmed by the testimony of three of defendant’s witnesses and by an admission on cross-examination of one of the plaintiff’s witnesses.