American Hard Rubber Co. v. Pierce

Citations

• 33 Ohio C.C. Dec. 32
• 18 Ohio C.C. (n.s.) 278
• 1910 Ohio Misc. LEXIS 361

Syllabus

<p>MASTER AND SERVANT — NEGLIGENCE</p> <p>1. Causal Sequence of Allegations of Physical Disability in Negligence Case Determinable by Jury.</p> <p>In an action for damages resulting from personal injuries received as a result of the defendant’s negligence, whether the causal sequence in fact includes all that the petition claims in the way of physical disability from the injury, is a question for the jury.</p> <p>2. Fact of Physical Disabilities Directly Traceable to Injury Gist of Negligence Case, not Causes Antecedently Improbable or Facilitated by Concomitant Circumstances.</p> <p>The fact that the results alleged from the cause alleged are unusual and therefore antecedently improbable, is not the true criterion. Neither is it any test that the cause was small and the effect great, nor that the particular result claimed was facilitated by concomitant circumstances. The real question is whether the plaintiff’s disabilities are directly traceable to the injury received, or whether they were brought about by the active intervention of a new and distinct cause such as some injurious act or conduct of the plaintiff.</p> <p>3. Instructions that “Injuries that Result from Negligence .of Master are not Assumed” and Rule of Assumed Risk Presupposes Exercise of Due Care by Master, Erroneous.</p> <p>Unless the distinction is pointed out between the kindred doctrines of employe’s risk, as applied to the ordinary hazards incident to the employment, on the one hand, and on the other hand to the defects and dangers which are not naturally incident to the employment but of which the employe has notice, it is misleading to charge that “injuries that result from the negligence of the master are not assumed,” or that the rule of assumed risk “presupposes that the master has exercised due care, in providing a reasonably safe and proper place to work, and reasonably safe machinery for the performance of the required services.”</p> <p>4. Misconduct of Counsel.</p> <p>It is misconduct