Armstrong v. Topeka Railway Co.

The opinion of the court was delivered by

BURCH, J.:

'The plaintiff sued the defendant for damages resulting from personal injuries which he alleged he sustained through the negligent operation of *495one of the defendant’s street cars. The plaintiff recovered and the defendant appeals.

The petition alleged that the plaintiff was thrown violently from a slowly moving car on which he was a passenger because of the fact that the motorman suddenly started the car just as it was about to stop at the plaintiff’s destination, and just as he was about to alight from it, but before he had succeeded in doing…