Nypano Ry. v. Blose

Citations

• 25 Ohio C.C. Dec. 458
• 19 Ohio C.C. (n.s.) 139

Syllabus

<p>NEGLIGENCE — RAILROADS.</p> <p>1, Finding Train Operated at Forty Miles an Hour Over Street Crossing Obstructed by Standing Cars, Wilful and Wanton Negligence Justified.</p> <p>In the trial of an action founded upon the striking of a vehicle by a steam railway train, running forty miles an hour over a street crossing within municipal limits, where the view of the track to the occupants of the vehicle was obscured by a string of freight cars, and when the street is also in part obstructed by cars standing thereon a jury is justified in finding that the train was being operated in such a manner as to amount to wilful and wanton negligence.</p> <p>2 Neither Last Chance Doctrine nor Contributory Negligence Available against Charge of “Carelessly, Recklessly and Wantonly” Causing Injury.</p> <p>The doctrine of last chance is not available where the petition avers that the defendant “carelessly, recklessly and wantonly caused” the injury complained of, nor can the defendant escape liability by the contributory negligence of the plaintiff.</p> <p>[Syllabus approved by the court.]</p>