Cincinnati, D. & T. Trac. Co. v. Holbrock

Citations

• 22 Ohio C.C. Dec. 724

Syllabus

<p>NEGLIGENCE — PARTIES.</p> <p>1. Duty of Motorman Crossing Railroad Tracks Requires Him to ■Stop, Look and Listen.</p> <p>The provisions of R. S. 3443-6 (Gen. Code 9125) do not relieve a motorman from the duty of exercising case for the safety of passengers; hence, it is his duty on approaching each of the separate tracks of a railway company to look and listen before proceeding with his car upon the railway tracks.</p> <p>2. Covenant not to Sue one Joint T6rt Feasor does not Release Other Tort Feasor.</p> <p>A covenant by a plaintiff that he will not sue one joint tort feasor is not a bar to an action brought by him against another joint tort feasor.</p> <p>3. Request for Instruction to Release Joint Tort Feasor Sued if Negligence was That of Tort Feasor not Sued, is Improperly Refused.</p> <p>A special instruction asked for by the defendant to the effect that if the jury found that the injury was due to the negligence of the tort feasor who was not a party to the action, and the defendant was not negligent, the verdict should be for the defendant, is improperly refused.</p>