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

Citations

• 24 Ohio C.C. Dec. 123

Syllabus

<p>RAILWAYS — NEGLIGENCE.</p> <p>Presumption That Switch was Thrown Pursuant to Dispatcher’s .Order Eliminates Relation of Fellow Servants Between Switch Tender and Deceased Engineer Killed in Collision.</p> <p>Upon trial of an action for wrongful death of a locomotive engineer, it will he presumed, in the absence of evidence to the contrary, that throwing a switch by reason of which trains came into collision, was in obedience to orders to the switch tender from someone superior in authority to the engineer, and the question whether the engineer and switch tender were fellow servants is immaterial.</p> <p>[Syllabus approved by the court.]</p>