Altwein v. Metropolitan Street Railway Co.

The appellant’s objections to the instructions are not based upon the theory that it is negligence per se to step from a moving car. The complaint is that the instruction given should not have been substituted for the one requested, and that it brought into the case the question of contributory negligence, and, in effect, charged that although the jury believed from the evidence that the car had not stopped when the plaintiff attempted to alight, she. could recover, unless in the opinion of the jury under all the circumstances her act in stepping from the moving car was negligence, and, in…