Lake Shore & M. S. Ry. v. Kearns

Citations

• 33 Ohio C.C. Dec. 342
• 21 Ohio C.C. (n.s.) 269

Syllabus

<p>PLEADING — RAILROADS</p> <p>1. Admission of Ownership of Railroad Includes Appurtenances.</p> <p>An admission by a defendant that it owns and operates a certain steam railway as alleged in the petition includes an admission of the ownership of side-tracks, ears and appurtenances mentioned in the petition.</p> <p>2. Knowledge of Defective Door of Car on Siding not imputed. ■</p> <p>A brakeman riding in the open door of a through train, injured by a defective door of a car standing on a siding of which he had no notice and no opportunity of discovering it except 'When riding by when the instinct of self-preservation would impel him to avoid, raises no inference of negligence on his part and justifies an instruction that he had neither actual knowledge nor equal means with his employers of knowing of such defect.</p>