Cleveland Electric Ry. v. Kenna

Citations

• 33 Ohio C.C. Dec. 259
• 21 Ohio C.C. (n.s.) 43
• 1905 Ohio Misc. LEXIS 403

Syllabus

<p>STREET RAILWAYS</p> <p>Whipping His Team, of Horses Over Street Car Tracks at Street Intersection Instead of Turning Them Off Tracks, Not Contributory Negligence.</p> <p>After a driver of a team of horses had been placed in a situation of danger on street railway tracks through the negligence of the motorman of street car approaching a street crossing at excessive speed, he is only required to do that which a reasonably prudent man under like circumstances would do in escaping from the danger, and in doing it he is nqt guilty of contributory negligence, even though it may not have been the wisest course to pursue.</p>