Montgomery v. Colorado Springs & Interurban Railway Co.

1. By Instruction 10, the court in effect told the jury that if the negligence of both contributed to the injury, plaintiff could not recover, unless the conductor, after he became aware of her danger, was guilty of conduct showing a willful intention to injure her, and the defendant might, by the exercise of ordinary care, have avoided the accident. There was no theory of the case, or evidence, calling for this instruction. Plaintiff testified the car was put in motion while she was alighting.- Defendant’s theory was, that she kept her seat until • the car started, when she attempted to get…