Diehl v. Cincinnati Trac. Co.

Citations

• 35 Ohio C.C. Dec. 581
• 29 Ohio C.C. (n.s.) 369

Syllabus

<p>STREET RAILWAYS</p> <p>1. Street Car Passenger Not Required to Scrutinize Transfer.</p> <p>While a passenger on a street car should exercise ordinary care and prudence in receiving and making use of a transfer, he is not required to scrutinize it for the purpose of ascertaining whether or not the conductor has punched it correctly, particularly where the transfer itself contains no directions as to the proper method of punching.</p> <p>2. Facts Applied.</p> <p>In an action for damages against a street railway company for ejecting a passenger from one of its cars because the transfer which he tendered was improperly punched, it is error, after giving a special charge at the request of the plaintiff which correctly stated the law with reference to the care required of a passenger in asking for and accepting a transfer, to destroy the force and effect of the instruction so given by a special charge given at the request of the defendant to the effect that in receiving, examining and using a transfer the passenger is bound to exercise such degree of care as ordinarily prudent persons are accustomed to exercise with regard to such a matter under similar circumstances, or in leaving to the jury to determine whether or not plaintiff used due care with reference to the proper marking of the transfer given him.</p>