Maumee Valley Railways & Light Co. v. Montgomery

Citations

• 81 Ohio St. (N.S.) 426

Syllabus

<p>A common carrier, owner of its tracks — Liable to passenger injured in collision — Between its car and car of another company— Admitted to joint use of track — Liability of each company — May be enforced in samé action, when.</p> <p>1. A common carrier, being the owner of its track, is liable to its passenger for an injury received in a collision between its car and the car of another carrying company which it admits to the • joint use of its track, though the collision may result wholly from the negligence of the latter company.</p> <p>2. In such case the liability of the owning company for the breach of its contract of carriage, and that of the other for its negligence may be enforced in the same action, and the facts should be so determined by interrogatories or special findings that liability for ’compensation to the injured passenger may ultimately rest upon the company whose negligence occasioned the injury.</p>