Betten v. Toledo & O. C. Ry.

Citations

• 19 Ohio C.C. Dec. 53
• 9 Ohio C.C. (n.s.) 53

Syllabus

<p>JURY — NEGLIGENCE—CHARGE TO JURY.</p> <p>Haynes, Parker and Wildman, JJ.</p> <p>1. CHARGE THAT TO JUMP FROM MOVING TRAIN AFTER BEING WARNED IS NEGLIGENCE PER SE, WITHOUT CONSIDERING OTHER CIRCUMSTANCES, NOT PREJUDICIAL Error ip no Excuse for Jumping Actually Appears from the Evidence.</p> <p>A charge to the jury, in an action for damages for personal injury, brought by a woman who had. been hurt in falling from a moving train which had been prematurely started, that if plaintiff jumped from the train at a time when it was moving and after being warned by the conductor that the train was moving and that she should not jump, she was guilty of contributory negligence and could not recover although defendant may have been negligent in starting the train, is not error prejudicial to plaintiff where there is nothing in the evidence as to surrounding circumstances wherefrom any excuse for plaintiff’s conduct,may be found.</p> <p>[For other cases in point, see 2 Cyc. Dig., “Carriers,” §§ 537 et se<].; 6 Cyc. Dig., “Negligence,” ,§§ 339-348, 762-781. — Ed.]</p> <p>2. Overruling Challenge for Cause not Prejudicial Error where Peremptory Challenges not All Used.</p> <p>Where a juror states that he is a railroad man employed on a railroad which he says he understands has some connection with the defendant railroad company and is therefore challenged by plaintiff for cause, It is not reversible error for the court to overrule such challenge where the plaintiff still has peremptory challenges left and does not use .them all, even after exercising one in the case of this juror.</p> <p>[For other cases in point, see 5 Cyc. Dig., “Jury,” §§ 372-374. — Ed.]</p> <p>[Syllabus approved by the court.]</p>