New York, C. & St. L. Ry. v. Gulla

Citations

• 24 Ohio C.C. Dec. 101

Syllabus

<p>INFANTS — NEGLIGENCE—PLEADING—RAILROADS-</p> <p>1. Infant Over Fourteen Years Presumed Sui Juris but Responsibility for Negligence is One of Fact.</p> <p>An infant over fourteen years of age is presumed to be suf juris in the sense that he is chargeable with negligence, but; the measure of his responsibility in that regard is a question, for the jury.</p> <p>2. Allegation that Railroad Company Negligently Started Car White Plaintiff was Leaving it at Conductor’s Order Sufficient.</p> <p>A petition is sufficient which alleges that the defendant negligently started a car while the plaintiff was in the act of leaving: it upon the order of the defendant’s conductor, although it fails to allege specifically that the car was started with tha knowledge of any of the train crew that the plaintiff .was in a place of danger, if the situation of the plaintiff on the car and. his surroundings at the time it was started are stated, and from such statement it is apparent that the defendant either knew or ought to have known that the plaintiff was in a placa of danger at the time the car was started.</p> <p>[Syllabus by the court.]</p>