Citations
- 148 S.W. 831
Full opinion text
FLY, J.
Appellant sued appellee to recover damages alleged to have occurred through the negligence of appellee in breaking his arm, while he was a passenger on one of its street cars in the city of San Antonio. Appellee pleaded contributory negligence on the part of appellant in placing a portion of his arm outside the window of the car. The court instructed a verdict in favor of appellee, and from the judgment predicated on that verdict this appeal has been perfected.
The evidence showed that appellant was a passenger on a car on Houston street going in the direction of Alamo Plaza; that another passenger occupied the seat, which could just accommodate two persons; that he sat next to a window, which had five rods'or bars of iron across it, the highest being at such a point that a person could place his arm upon it; that appellant placed his arm upon the top rod, so that his elbow protruded from 2 to 4 inches beyond the rod on the outside of the car. There are double tracks on the Houston Street Line at such a distance apart that there is a space of from 11 to 12 inches between when they are moving in a straight line; but if two cars attempt to pass each other at curves there is much less space, and, under certain circumstances, the cars will actually touch ■each other. Such was the condition of affairs when the car on which appellant was riding started around the curve from Houston street to Alamo Plaza, and another started around the curves from the Plaza to Houston street, and the cars touched each •other and broke appellant’s left arm, which was resting on the bar or rod, protruding from 2 to 4 inches beyond the rod. Except