#### Mary Metzger, Appellee, v. Chicago Railways Company, Appellant.

Gen. No. 18,924.

(Not to he reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1912.

Reversed and remanded.

Opinion filed May 20, 1914.

Statement of the Case.

Action by Mary Metzger against Chicago Railways Company to recover damages for personal injuries sustained by plaintiff while alighting from one of defendant’s cars at a street intersection. The declaration alleged that the defendant negligently managed said car so as to cause it to start forward by sudden jerks while she was in the act of alighting, thereby causing her to be thrown to the ground and injured. From a judgment in favor of plaintiff for $1,235, defendant appeals.

*69Abstract of the Decision.

Cabbiers, § 476 * —when evidence insufficient to sustain a recovery for injury while alighting from, street car. In an action against a street railway company for personal injuries alleged to have resulted from a sudden starting of the car while plaintiff was in the act of alighting, a verdict for plaintiff held not sustained by the evidence, the preponderance of the evidence tending to show that plaintiff alighted from the car in safety and was injured while attempting to again board the car, while it was in motion, for the purpose of recovering a package she had dropped on the platform.

Weymouth Kirkland and Alfred B. Davis, Jr., for appellant; John R. Guilliams and Frank L. Kriete, of counsel.

Lynn & Baumer, for appellee.

*

See Illinois Notes Digest, Vols XI to XV, and Cumulative Quarterly, same topic and section number, '

Mr. Justice Baume

delivered the opinion of the court.