Raker v. Toledo & Ind. Ry.

Citations

• 20 Ohio C.C. Dec. 78

Syllabus

<p>NEGLIGENCE — EVIDENCE—ELECTRICITY.</p> <p>Haynes, Parker and Wildman, JJ.</p> <p>1. Prima Facie Case of Negligence from Accident.</p> <p>Where, in an action lor damages for the death of a workman, alleged to> have been caused by negligence of defendant, the evidence shows that before the completion of a building that was to be used as a power house' and ticket office for the electric railway company, certain electrical transformers were installed in an unfinished part of the building, and necessary connecting wires, carrying heavy currents of electricity were strung-across the room; and that while doing necessary work in the completion of said room deceased was killed by striking his head against a heavily charged unguarded wire, a prima facie case of negligence against the-electrical company is established, and it not appearing clearly that deceased was guilty of contributory negligence, an instruction to return verdict for defense is error.</p> <p>[For other cases in point, see 6 Cyc. Dig., “Negligence,” §§ 539-551. — Ed.]</p> <p>2. CONSTRUCTION OF WARNING AND NOTICE OF DANGER.</p> <p>Whether or not a warning to such workman, not to touch the machinery or wires placed in a room in which he was working, should be regarded, as a warning of the extreme personal danger to himself,' or merely a calling of his attention to the wires and machinery which should not be; disturbed, is for the jury to determine when the evidence is such as would lead reasonable minds to differ.</p> <p>3. Admissibility in Evidence of Statements of Deceased.</p> <p>Where a workman is killed by striking his head against an electrical wire, while doing work required and necessary for the completion of the building, statements made by him to-other workmen as to the danger of working in such place are admissible for the sole purpose' of showing, the-state of mind of the deceased touching the safety of working there, as bearing upon the question of contributory negligence.</p> <p>[For other case