Mahoning Valley S. E. Ry. v. Houston

Citations

• 19 Ohio C.C. Dec. 358
• 9 Ohio C.C. (n.s.) 408

Syllabus

<p>NEGLIGENCE — STREET RAILWAYS.</p> <p>Burrows, Laubie and Cook, JJ..</p> <p>What Constitutes Negligence oe a Motobman op Steeet Railway Cab Ar-PKOAcniNG Frightened Horse.</p> <p>The failure of a motorman, when running a car at the ordinary speed, to stop or lessen its speed upon observing that a horse approaching from the opposite direction is frightened is not negligence, unless the circumstances indicate that the horse has, or will become unmanageable upon the approach of the car, and that the driver or persons with him are or will be put in imminent peril.</p> <p>[For other cases in point, see 7 Cyc. Dig., “Street Railways,” §§ 486-489.— Ed.]</p> <p>[Syllabus by the court.]</p>