Corcoran v. Albuquerque Traction Co.

Citations

• 15 N.M. 9
• 103 P. 645

Syllabus

<p>'SYLLABUS.</p> <p>1. In an action by a passenger for injuries against a street railway, evidence held sufficient to .show that defendant’s negligence was the proximate cause of the accident.</p> <p>2. Unless it can be said that there is1 no substantial evidence to support it, a verdict will not be disturbed.</p> <p>3. When a condition or quality is once shown to exist, the same will be presumed to continue until the contrary appears. Evidence of the condition of the step of the street car and the grating at the back of the step seven months prior to the accident admissible in an action against the street railway for injury to passenger alighting from a cair.</p> <p>4. A condition soon after an accident may sometime be shown where the circumstances are such as to justify the inference that the condition was the same as at the time of the injury.</p> <p>5. . When a verdict is so excessive as to show that it was the result of passion and prejudice it must be set aside.</p> <p>6. It is fatal to appellant’s objection to alleged improper remarks of counsel where the record fails to disclose any objection at the time of the alleged improper remarks.</p> <p>7. Where special finding of jury shows that they were not misled by erroneous instruction the error was harmless. The charge in the complaint was that by reason of both the starting of tie car and the defective step and riser tlhe appellee was thrown to the platform and her foot inserted in an opening in the defective .riser, thereby receiving the injury, and the proofs were submitted in support of this theory and no other. The instruction, however, authorized a verdict for appellee in case of injury caused either by the starting of the car or by the defective step and riser. This instruction was clearly erroneous.</p>