Interurban Railway & Terminal Co. v. Hancock

Citations

• 75 Ohio St. (N.S.) 88

Syllabus

<p>Care required of passengers — .On interurban electric car — Negligence for passenger to project arm out of car window, when— Question of iron bars across window of car — Contributory negligence — Instructions to jury — Liability of railway corporations.</p> <p>1. A carrier of passengers is bound to exercise the utmost practicable care and diligence to secure the safety of the passenger, but a duty of reasonable care for his own safety as well rests upon the passenger himself.</p> <p>2. It is negligence as matter of law for a passenger traveling on a rapidly rnovmg railroad car to intentionally and needlessly project his arm or a part thereof out of the window of the car.</p> <p>3. In a suit against an interurban electric railway company for injury to a passenger by reason of his arm being struck by. a car passing upon an adjoining track, it is not error for the court to instruct the jury that if they find that there were four iron bars extending horizontally'across the window of the car, equally distant from each other, the top one approximately twelve inches from the window-sill, and that plaintiff whiie sitting in the car permitted his arm or any part thereof to extend or project out beyond or over the rods, and that said act directly contributed to the accident, the plaintiff would be guilty of contributory negligence and cannot recover.</p>