Interurban Ry. & Term. Co. v. Treuheit

Citations

• 22 Ohio C.C. Dec. 429

Syllabus

<p>STREET RAILWAYS.</p> <p>Motorman Leaving Scheduled Meeting Point Before Arrival of Car He was to Meet cannot Absolve Himself from Neglect by Assuming Arrival of Car by Presence of Regular Crew Thereat.</p> <p>A motorman leaving a scheduled meeting point for cars upon seeing the regular crew of the car he was to meet, assuming that the car had arrived, whereas such car was approaching in charge of another crew which was not an uncommon occurrence, cannot absolve himself from negligence and recover for injuries sustained in the collision resulting therefrom, especially since, in going up a grade at the rate of six miles per hour he could see the roof of the approaching car some distance ahead of him, but failed to give attention to the movement of the car.</p>