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· 1/15/1911

Carter v. Erie Ry.

Citations

  • 23 Ohio C.C. Dec. 377
  • 14 Ohio C.C. (n.s.) 108

Syllabus

<p>Railroad Company not Liable for Death of Boy Darting in Front of Train while Loitering on Right of Way.</p> <p>A locomotive engineer, keeping a lookout on the track in front his train, is not charged with the responsibility of watching the open railway grounds and right of way on either side of the track, in the belief that mere licensees on such grounds will attempt to cross the track in front of his train, and the company is not liable for striking a hoy who did attempt to cross the track almost immediately in front of a train.</p> <p>[Syllabus approved by the court.]</p>

Judges: Donahue, Taggart, Voorhees

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