Cleveland, C. C. & St. L. Ry. v. Cornwall

Citations

• 24 Ohio C.C. Dec. 124

Syllabus

<p>NEGLIGENCE — RAILWAYS.</p> <p>1. Driver of. Wagon and Horses Passing upon Crossing Obscured by Smoke of Passing Train and Colliding with Another Train Immediately Passing is Negligent.</p> <p>A person in a wagon drawn by a team of horses, approaching a railroad crossing on a public highway, having stopped upon hearing the whistle of an approaching train, by immediately driving upon the crossing after that train passes, and without waiting for the smoke therefrom obscuring the adjacent tracks to disappear that he might have an unobstructed view and without taking other precautionary steps in the exercise of ordinary care to avoid danger, is guilty of negligence defeating recovery for injury to his wagon and horses from colliding with another train immediately passing over such crossing.</p> <p>2. Danger at Railroad Crossing Increased by Smoke Requires Greater Caution.</p> <p>Where the danger at a Tailroad crossing is increased by a volume of smoke upon such crossing, or other conditions obstructing the vision, greater care and caution are imposed upon one about to pass over such crossing.</p> <p>3. Refused to Direct Verdict when Proof Raises Clear Presumption of Negligence of Plaintiff and not Rebutted Erroneous.</p> <p>It is error upon the part of the trial court to refuse to sustain a motion, .at the conclusion of plaintiff’s evidence, to direct a verdict for the defendant, in a collision case at a railroad crossing on a public highway,' where the testimony of the plaintiff raises a clear presumption of negligence on his part Which directly contributed to the injury of his property, in the absence of any tangible proof given tending to rebut such presumption.</p> <p>4. Instruction that Defendant has Burden of Proving Contributory Negligence, when Plaintiff's Evidence Raises Presumption of his Negligence.</p> <p>In an action for damages for -alleged negligence, where the defense of contributory negligence is interposed, it is error upon the part of the trial cour