#### William F. Schuman, Plaintiff in Error, v. Chicago Railways Company, Defendant in Error.

Gen. No. 21,652.

(Not to fee reported in full.)

Error to the Circuit Court of Cook county; the Hon. John A. Dowdall, Judge, presiding. Heard in this court at the October term, 1915.

Affirmed.

Opinion filed April 10, 1916.

Statement of the Case.

Action by William F. Schuman, plaintiff, against Chicago Railways Company, defendant, on account of injuries sustained by Mm through the suddeu starting of one of defendant’s cars when he was alighting, whereby he was injured. From a judgment in favor of defendant, plaintiff brings error.

*448Abstract of the Decision.

1. Carriers, § 476 * —when evidence sufficient to sustain finding that street railroad not guilty of negligence in suddenly starting car. In an action by a street car passenger for damages for personal injuries alleged to be due to the starting of one of defendant’s cars while plaintiff was attempting to alight therefrom, evidence held sufficient to sustain a finding that defendant was not guilty of negligence, there being abundant evidence that the car made only one stop for plaintiff to alight and remained standing until some time after the accident occurred.

2. Appeal and error, § 1241*—when party may not complain that instruction inapplicable to issues. A party to an action cannot complain that an instruction on contributory negligence, given at the request of the adverse party, is inapplicable to the issues on the ground that there is no negligence in the case, where the court gave another instruction on such subject at his request.

G. M. Peters, for plaintiff in error.

Charles L. Mahony and Frank L. Kriete, for defendant in error; W. W. Gurley and J. R. Guilliams, of counsel.

*

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

Mr. Presiding Justice McSurely

delivered the opinion of the court.