Baltimore & Ohio Ry. v. Dickinson

Citations

• 33 Ohio C.C. Dec. 234
• 18 Ohio C.C. (n.s.) 586

Syllabus

<p>RAILROADS</p> <p>1. Evidence that Railroad is Operating Trains.</p> <p>It is sufficient evidence that one railroad company is operating trains over the line of another railroad company, as lessee, or otherwise, that it issued a bill of lading for freight consigned to it at a station on the line, published and issued a time table of trains thereon, representing them to be its own trains, and hired and paid a doctor to treat a person injured thereon.</p> <p>2. Driving Noisy Wagon Preventing Hearing of Train and Knowing He Cannot See Trains Held Contributory Negligence.</p> <p>One who drives into a deep cut leading to a railroad crossing with a lumber wagon which makes so much noise that he can not hear an approaching train, and who knows that he can not see one while in the cut, is guilty of contributory negligence if he does not slow down his horses as he emerges from the cut upon the track, to see if a train is approaching.</p>