Pittsburgh, C. C. & St. L. Ry. v. Dooley

Citations

• 22 Ohio C.C. Dec. 655

Syllabus

<p>DEATH — RAILWAYS—VERDICT.</p> <p>1. Failure to Lower Gates Being Established as the Proximate Cause of Accident at Railway Crossing, Acts of Deceased after Observing Peril do not Warrant Reversal.</p> <p>Negligence of a watchman, upon the approach of a train, in failing to lower gates at a railway crossing, being established as the proximate cause of a collision between the train and wagon in which deceased was driving, although' condition of the track and haste of the driver to get over after being warned of the danger contributed to the result, minor errors of judgment committed by deceased during the moment of great peril and excitement, after he had gone upon the track and before being struck, do not warrant reversal of a verdict against the railway company.</p> <p>2. Bad Condition of Crossing, to Prove Knowledge of Fact by Company, Properly Brought out on Cross-examination of Company’s Witnesses.</p> <p>That other vehicles had broken down on a railway crossing, as did the one in the case in controversy, being established on cross-examination of the railway company’s witnesses, is competent as tending to prove knowledge on the company’s part of the defective condition of the crossing and also to test credibility of other witnesses testifying that the crossing was in fair condition.</p> <p>3. Assuming Undisputed Fact as to Which Jury Could Reach but One Conclusion, not Prejudicial Error.</p> <p>A trial judge’s assuming, in a special charge, as a fact, a matter determinable by the jury, is not prejudicial error, if the matter constituted an undisputed fact as to which but one conclusion could be reached.</p> <p>4. Verdict for $10,000 not Excessive in Case of Death of Man Forty-five Years Old Earning $700 per Year, Leaving Large Family.</p> <p>A verdict, in an action for damages or death by wrongful act of a man forty-five years of age, of good health, earning $700 a year and leaving his widow and seven children surviving him, awarding the full amount allowed by