Schmidt v. Baltimore & Ohio Ry.

Citations

• 22 Ohio C.C. Dec. 539

Syllabus

<p>NEGLIGENCE — RAILROADS.</p> <p>Pedestrian, Killed at Railroad Crossing, Having Unobstructed View of Track for 1200 Feet, is Guilty of Negligence Precluding Recovery Notwithstanding Dangerous and Unlawful Speed of Train.</p> <p>An action does not lie against a railway company for the death of a pedestrian by being struck by a train at a crossing, where the decedent was in full possession of his sight and hearing and had an unobstructed view of the track for 1,200 or 1,500 feet, notwithstanding the train which struck him was (running at a high and dangerous rate of speed, and an ordinance was violated in so doing, and no signals were sounded, and there were obstructions along the track hut not in the line of view of the decedent.</p>