Maggie Robinson, Appellee, v. Chicago City Railway Company, Appellant.

Gen. No. 18,410.

(Not to be reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Wikdes, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1912.

Affirmed.

Opinion filed October 9, 1913.

*34Abstract of the Decision.

1. Carriers, § 404 * —when starting of car while passenger is alighting, is negligence. Street car company suddenly starting its car while plaintiff, as passenger, was attempting to alight, held liable for injuries sustained by being thrown from car.

2. Appeal and error, § 1241*—when modification of instruction cannot he complained of. Appellant cannot complain of court’s modification of one of his instructions so as to include another of his, where the giving of the modified instruction was practically the same as giving both.

3. Appeal and error, § 1241*—when party cannot complain of requested instructions. Appellant cannot assert as error the giving of an instruction he has requested.

Statement of the Case.

Action by Maggie Bobinson against the Chicago City Bailway Company for injuries sustained by plaintiff while attempting to alight from one of de- . fendant’s cars. From a judgment of one thousand five hundred dollars recovered by plaintiff, defendant appeals.

W. H. Robinson and C. LeRoy Brown, for appellant; L. A. Busby, of counsel.

Pattison & Shaw, for appellee; William H. Holly, of counsel.

Mr. Presiding Justice McSurely

delivered the opinion of the court.