Pennsylvania Co. v. Stahl

Citations

• 24 Ohio C.C. Dec. 157

Syllabus

<p>NEGLIGENCE — RAILWAYS.</p> <p>1. Duty of Person Riding in Vehicle Driven by Another Over Railway Crossing.</p> <p>A person riding in a vehicle, driven by another, is required to use ordinary care for his own safety when passing over a railway crossing; if he fails to do so and is injured thereby he cannot recover therefor notwithstanding the railway company’s negligence.</p> <p>2. Duty of Daughter in Buggy Driven by Parent to Look and Listen at Railway Crossing.</p> <p>Ordinary care demands that one riding in a buggy driven by another over a railway crossing should look and listen for approaching trains; hence, if a daughter riding in a buggy with her parents, having full possession of her faculties and knowing of the time and operation of trains over a highway crossing near her home, is guilty of negligence in failing to observe an approaching passenger train such as will defeat her recovery for injuries sustained thereby, unless some other fact appear to excuse her from such duty.</p> <p>[Syllabus approved by the court.]</p>