Indianapolis & St. Louis Railroad v. Evans

This is an action upon the case, by appellee, in which judgment went against appellant for damages, for an injury to appellee, alleged to have been caused by the negligence of appellant.

The circumstances proven, tend to show want of care on the part of appellee. The question of negligence in failing to use proper care, and the degree of such negligence in either party, is usually, if not always, a question of fact for the jury, under proper instructions from the court.

In this case, two of the instructions given to the jury by the court, at the request of plaintiff, are erroneous, and tended…