Hocking Valley Railway Co. v. Helber

Citations

• 91 Ohio St. (N.S.) 231

Syllabus

<p>Negligence — Two proximate causes — Bridge accident — Liability controlled by duty to maintain bridge — Railroad to maintain guardrails, when — Jury entitled to pleadings, when — Pleadings as evidence — May be used by adverse party, when.</p> <p>1. Where two causes combine to produce an injury to an occupant of a vehicle passing over a bridge in a public road, both of which are in their nature proximate, the one being a culpable defect in the bridge and the other an occurrence as to which neither party was at fault, those whose duty it was to maintain the bridge in a reasonably safe condition will be liable ■ to the injured person.</p> <p>2. About thirty years prior to the injury complained of the defendant railroad company or its predecessor in title made a 'cut in, under and through a public highway and erected a bridge therein over the cut-and over its railroad; the company thereafter and until the date of the injury maintained the bridge: Held, Under the state of facts, it was the duty of the company to make every reasonable provision for the safety of the public in the construction and maintenance of the bxidge. To this end it was its duty to erect and maintain reasonably substantial guardx-ails on the bridge to serve as a protection to life and property.</p> <p>S. It is proper for a court to send the pleadings in a cause to the jury during its deliberations, but the pleading of a party is not admissible in evidence on the trial to prove its allegations. A pleading of one party may be introduced by his adversary to prove admissions or to impeach statements made on the trial.</p>