Cincinnati, H. & D. Ry. v. Tafelski

Citations

• 21 Ohio C.C. Dec. 643

Syllabus

<p>DAMAGES — EXPLOSIVES—EVIDENCE—MASTER AND SERVANT-TRIAL.</p> <p>1. No Right Exists for Person to Store Dynamite Where and How he Chooses on his Own Property if Property or Ltves of Others will be Endangered.</p> <p>A railroad company does not have an unquestionable right to store its dynamite cartridges wherever and however it pleases upon its own property; such dangerous substance must be so taken care of that it will not injure the property and lives of others.</p> <p>2. Not Error to Permit Widow and Children to Sit within has when They</p> <p>are Beneficiaries of the Case.</p> <p>It is within the discretion of trial court to permit a widow and children, beneficiaries of the trust represented by the nominal plaintiff, to sit within the bar and in view of the jury during trial, and overruling a request to exclude them is not error.</p> <p>3. Proposition Once Overruled by Court may Sometimes be Properly Renewed.</p> <p>There may be cases when counsel may properly renew some proposition to the court even after it has ruled against him, if he thinks he can throw new light upon the matter, and discussion before the jury as to the propriety of certain argument is not necessarily misconduct.</p> <p>[Syllabus approved by the court.]</p>