Birmingham Electric Co. v. Ryder

The suit was for alleged injuries sustained by a passenger alighting from defendant’s street car. The action is predicated on negligence of the motorman in shutting the door and starting the car with a sudden jerk before plaintiff had time to alight.

Defendant pleaded the general issue in short by consent, and the verdict was for plaintiff.

The hypothetical question to Dr. Moore was challenged for the lack of a proper predicate that he had “examined her a short while ago and found some evidences of injury” still existed. That hypothesis of facts was not given in evidence, and rendered the…