Benz v. Central Railroad

The opinion of the court was delivered by

Garrison, J.

Upon the merits presented by this writ of error touching the liability of the defendant and the plaintiff’s right of recovery our conclusion is in accordance with the rulings of the trial court. The fact that the deceased got on the step of the car from the wrong side, which was the main ground upon which the motion for a direction was based, was not a conclusive circumstance. It was indeed the occasion of the accident, but not, in view of what followed, its proximate or efficient cause. It did not of itself therefore establish the…