Cincinnati Traction Co. v. George

Citations

• 22 Ohio C.C. Dec. 403

Syllabus

<p>DAMAGES — ELEVATORS—NEGLIGENCE.</p> <p>1. Giving Jury Substance of Statute Declaratory of General Principle of Negligence in Operation of Defective Machinery, Notwithstanding Rule of Fellow Servant not Interposed Held not Erroneous.</p> <p>Where the block and pulley connected with the operation of an elevator are fastened in place by nails only, a finding by the jury that the insecure fastening was the proximate cause of the falling of the appliance, and injury to the plaintiff employed underneath, will not be disturbed.</p> <p>2. Finding that Insecure Fastening of Elevator Block, Secured only by Nails was Proximate Cause of Injury not Disturbed.</p> <p>Gen. Code 6242 (R. S. 4238o) is declaratory of the general principle of the law of negligence in the operation of defective machinery and appliances, and it is not error to give to the jury ,the substance of this section as the law of the case, notwithstanding the defense of negligence on the part of a fellow servant was not interposed.</p> <p>3. Verdict of $8,000 Remitted to $5,000.</p> <p>A verdict of $8,000 for injuries to an employe receiving only $1.75 per day at the time of an accident, who some months thereafter returned to work at $8 a week, and two years later was advanced to $10 a week, and four years after the accident was again receiving his old pay of $1.75 a day, is excessive and is reduced to $5,000.</p>