Harris v. Cleveland Electric Railway

Citations

• 26 Ohio C.C. Dec. 582
• 19 Ohio C.C. (n.s.) 410
• 1912 Ohio Misc. LEXIS 253

Syllabus

<p>STREET RAILWAYS.</p> <p>1. Street Car no Greater Right on Street than Pedestrian or Vehicle which Motorman Must Observe.</p> <p>A street car company has only equal rights with the driver of a horse, or a pedestrian, at a street crossing, and therefore it is the duty of the motorman as he approaches a street crossing, to have his car under control and to keep a constant lookout, not only ahead, but also to the right and left, so as to discover persons upon the track or approaching it without noticing or heeding the approaching car, so that he may allow them to pass over in safety.</p> <p>2. Motorman Cannot Excuse Failure to See Person in Danger Unless Duty Calis His Attention Away.</p> <p>A motorman can excuse bimself for not seeing a person in danger at a crossing when in the exercise of proper care he ought to have seen him, only by showing that at the moment, his attention was attracted by some other matter in the line of his duty.</p> <p>3. Duty of Motorman Requires Effort to Save Driver of Horse Running Away.</p> <p>Although plaintiff’s horse was running away and she could not control it, yet if the motorman saw her and could have slowed up sufficiently to let her pass, it was his duty to do so, and if he failed in this duty, that failure was the proximate cause of the accident.</p> <p>[Syllabus by the court.]</p>