Schroeder v. Cleveland Electric Ry.

Citations

• 35 Ohio C.C. Dec. 19
• 24 Ohio C.C. (n.s.) 585

Syllabus

<p>CARRIERS — STREET RAILWAYS</p> <p>1. Carrier Bound by Known Impending Intervening and Independent Danger to Exercise Care Toward Passenger.</p> <p>A carrier of passengers is not liable for the act of an intervening independent agency; but when there is a known impending danger from a source for which the carrier is not responsible, then the law imposes upon the carrier a degree of care in respect to such impending danger; however, the degree of care in such case depends upon the conditions and circumstances of the particular instance, varying with those conditions, and is not that absolute degree of care which a carrier owes to its passengers under ordinary conditions.</p> <p>2. Care Exercised by Carrier to Passenger During Strike.</p> <p>The law requires of a carrier of passengers operating its care while a strike is in progress and while known dangers exist, the highest degree of care practicable for the safety of its passengers in view of the existing and known conditions, consistent with the practical operation of and management of its cars.</p> <p>3. Carrier not Liable for Injuries from Explosive Placed on Track During Strike.</p> <p>When passengers upon a street car are injured by the explosion of an explosive placed on the tracks by some miscreant, at a time when a strike of the employes of the street-railway company is in progress and after numerous other similar explosions had occurred, the company is not liable unless the conditions existing at the time were of such a nature that it had reason to expect damage to its cars and injury to its passengers from explosives, and therefore should have adopted extraordinary precautions to avoid such damages and injuries and failed so to do.</p>