Schnable v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

Citations

• 102 Ohio St. (N.S.) 97

Syllabus

<p>Nonsuit or directed verdict — Motion presents law question and admits facts, when — Case for jury, when — Contributory negligence— Master and servant — Respondeat superior — Student railroad telegrapher or assistant to station agent — Negligence.</p> <p>1. A motion by defendant in a negligence case, at the close of all the evidence, to arrest the case from the jury and for judgment in defendant’s favor, presents a question of law only and the motion involves an admission of all the facts which the evidence tends to prove.</p> <p>2. If there is any evidence tending to prove each material fact indispensable to a recovery, the motion to arrest must be overruled, and the evidence should be submitted to the jury under proper instructions, unless the undisputed evidence shows that the plaintiff has been guilty of contributory negligence.</p> <p>3. When the operator and agent in charge of a railroad station requests the superintendent to employ a helper, and is refused, but is subsequently given permission to take a young man into the office to learn telegraphy and to assist in the performance of the duties in and about the office, who does in fact so assist under the orders and direction of such agent, the relation of master and servant is thereby created and the doctrine of respondeat superior applies.</p>