Citizens' Motor Car Co. v. Hamilton

Citations

• 22 Ohio C.C. Dec. 407

Syllabus

<p>AUTOMOBILES — NEGLIGENCE.</p> <p>1. Pedestrian Crossing Street in Front of Street Car without Ascertaining Imminence of Automobile Concealed by It is' not Guilty of Negligence per se.</p> <p>To cross a street in front of a street car without first ascertaining whether an automobile or other vehicle, proceeding in the same direction as the car and concealed by it, is running at a great and unlawful rate of speed is not negligence per se.</p> <p>2. Choice of Wrong Course by Pedestrian in Moment of Peril of Collision with Street Car or Automobile or Standing Still.</p> <p>A pedestrian, after having passed safely in front of a car, being confronted by an automobile running at great speed and but a few feet distant, is not to be held to the exercise of the same care in the choice of a way of escape that prudent persons would exercise were there no danger present; hence an instruction to the jury that a plaintiff thus situated could be charged with ordinary care only is relevant and free from error.</p>