Baltimore & O. Ry. v. Campbell

Citations

• 18 Ohio C.C. Dec. 662
• 8 Ohio C.C. (n.s.) 569

Syllabus

<p>NEGLIGENCE — RAILWAYS.</p> <p>Marvin, Winch and'Henry, JJ.</p> <p>Negligence to Operate Locomotive without Light or Bell at a Point in the Yard where Persons have Long Been in the Habit of Walking.</p> <p>Where a railway company maintains yards and switch tracks along docks and near to a much-traveled thoroughfare of a city, and persons have heen in the habit for a long time of walking along these tracks and up to this thoroughfare to the knowledge and with the acquiescence of the company, and without notice or warning to the contrary, a person who, while walking carefully along these tracks at a point near the thoroughfare on a dark night, is struck by a locomotive backing down upon him without warning, may recover from the company for his injuries thus ■sustained. Harriman v. Railway, 45 Ohio St. 11, followed.</p>