Cleveland A. & C. Ry. v. Brown

Citations

• 33 Ohio C.C. Dec. 243
• 18 Ohio C.C. (n.s.) 596

Syllabus

<p>RAILROADS</p> <p>Jury Declaring Inability to Determine If Train Crew Used Reasonablé Effort to Prevent Accident to Person Walking Track Defeats Recovery.</p> <p>In an action for damages against a railroad company for negligently running down and injuring a person walking on the track, when the case turned upon the question whether the crew in charge of the engine, after they discovered that the plaintiff was in danger of being struck by the engine used all reasonable efforts to prevent the accident to him, or not, and that question was submitted to the jury for a special finding thereon and the jury answered, “We can not tell,” the plaintiff is not entitled to a recovery.</p>