Cincinnati Traction Co. v. Jamison

Citations

• 22 Ohio C.C. Dec. 336

Syllabus

<p>STREET RAILWAYS — TRIAL.</p> <p>1. Answer not Averring Contributory Instruction upon such Defense is Erroneous.</p> <p>An instruction upon contributory negligence, or expressing an opinion as to the amount of evidence tending to prove contributory negligence, is improper in the absence of an averment of contributory negligence in the answer or evidence offered by defendant in support of such theory.</p> <p>2. Answers by Motorman in Response to Questions of the Cause of Accident are not Part of Res Gestae.</p> <p>What a motorman' said immediately after an accident, not voluntarily and spontaneously, but in answer to questions by witnesses of the accident as to why he did not stop his car, is not a part of the res gestae and therefore not admissible in evidence.</p> <p>3. Ordinary Care is Required of Motorman Whether Running in Same Direction on Right or Left Track.</p> <p>While a motorman may be required to exercise more care when running in the same direction on the left hand track than when running on the right hand track, yet it is still only ordinary care that can be required of him.</p>