Cincinnati Trac. Co. v. Durack

Citations

• 22 Ohio C.C. Dec. 717

Syllabus

<p>NEGLIGENCE — STREET RAILWAYS.</p> <p>1. Defect in Appliance on Uncontrolled Cab Assumed Cause of Death of Conductor on Car Collided With.</p> <p>The negligence of fellow-servants in charge of a runaway car having been eliminated, and no other reasonable inference as to why the car started down the grade can' be drawn from the testimony, it may be assumed that a brake shoe shown to have been loose was the proximate cause, and a judgment for damages recovered by the administratrix of the conductor of the car in front who was killed in the resulting collision will not be set aside for insufficient evidence.</p> <p>2. Instruction Excluding Consideration of Contributory Negligence Pleaded Reversible Error.</p> <p>But an instruction to the jury, which excluded all consideration of contributory negligence, although pleaded as a defense and supported by some evidence, constitutes prejudicial error requiring a reversal of the judgment.</p>