Lake Erie & Western Railroad v. Morain

In this action on the case, brought by appellee, against appellant, to recover damages for injuries received while alighting from a train, there was verdict and judgment in the trial court in favor of the former, and that judgment was affirmed in the Appellate Court. The judgments of the courts below conclusively settle all questions of fact in favor of the appellee.

The first instruction given for appellee was inaccurate, in that it omitted to state, as a condition precedent to the right of recovery, that appellee should have been in the exercise of ordinary care at the time the injury was…