Baus v. Cleveland, S. & C. Ry.

Citations

• 35 Ohio C.C. Dec. 577
• 29 Ohio C.C. (n.s.) 284

Syllabus

<p>DEATH — NEGLIGENCE</p> <p>Traction Company Liable for Death of a Woman Passenger in Automobile if Negligence of Traction Company and Driver Combined Caused Accident.</p> <p>A traction company is liable for the wrongful death of a woman, who was a passenger riding on the rear seat of an automobile and not engaged in a joint enterprise with the driver, and who was struck and killed in a collision with a traction company’s car, if the negligence of the motorman, combined with that of such driver, caused the accident; hence, if on trial, the charge of contributory negligence being withdrawn, it is reversible error to instruct the jury to determine whether the death was caused by the negligence of the driver or the motorman.</p> <p>[Syllabus approved by the court.]</p>