Baltimore & O. Ry. v. Collins

Citations

• 20 Ohio C.C. Dec. 110

Syllabus

<p>NEGLIGENCE — RAILROADS—ERROR—TRIAL.</p> <p>Taggart and Donahue, JJ.</p> <p>(Judge McCarty not sitting.)</p> <p>Erroneous Charge in an Action eor the Violation! oe Lan. Rev. Stat. 5421 (EL 3365-14).</p> <p>It is error for a court, in an action for damages against a railroad company* for wrongful death of an employe, caused hy the alleged keeping of a crew on duty over time in violation of Lan. Rev. Stat. 5421 (B. 3365-14), to-charge that, “If the train on which Grimes was conductor was delayed at Sherwood hy reason of an accident occurring to its engine, that statute.which I have, read to you has no application to the facts in this case, unless you find that the defendant, -knowing that said Grimes had been oa duty for more than fifteen consecutive hours, could have reasonably provided, in the due and proper operation of its trains, other servants competent to relieve said Grimes and his crew.”</p> <p>[Syllabus approved hy the court.]</p>