Cincinnati Traction Co. v. Ruthman

Citations

• 22 Ohio C.C. Dec. 353

Syllabus

<p>' EVIDENCE — NEGLIGENCE—STREET RAILWAYS.</p> <p>1. Weighing Plaintiff’s Evidence in Negligence Case Requires Separation of Evidence Tending to Prove Essential Pacts 'of His Case from that Tending Otherwise.</p> <p>An issue of failure to exercise due care by plaintiff having been raised by the pleadings and evidence, an instruction is erroneous that directs the jury to find for plaintiff in the event his evidence outweighs that of defendant, especially since they were not at the same time directed, before weighing plaintiff’s evidence to separate, without regard to source, such evidence as tends to prove the essential facts of his case from that which tends otherwise.</p> <p>2. Motorman not Required to Use Every Possible Effort to Avoid Collision.</p> <p>The first and highest duty of a motorman is owing to the passengers on his car; hence a charge that “it was his duty to make every effort to check his car or stop his car, if necessary, in order to avoid injury” by collision, being liable to be construed as meaning “every possible effort,” is more than the law requires.</p>