Schwartz v. Lake Shore & M. S. Ry.

Citations

• 20 Ohio C.C. Dec. 394

Syllabus

<p>CUSTOM AND USAGE — MASTER AND SERVANT — RAILROADS.</p> <p>Haynes, Parker and Wildman, JJ.</p> <p>Local Yard Custom Competent to Dispel Negligence Charge.</p> <p>A local yard custom among brakemen, upon discovering that a car coupler would not couple, as to giving the usual stop signal and stepping between the cars to adjust the coupler, is admissible to meet a charge of contributory negligence against a brakeman injured by stepping between a car and locomotive tender to adjust the coupling device. hake Shore é M. 8. By. v. Botefuhr, 30 O. C. C. 67, reaffirmed.</p> <p>[For other cases in point, see 3 Cyc. Dig., “Custom and Usage,” §§ 105, 112; •6 Cyc. Dig., “Master and Servant,” §§ 689-693. — Ed.]</p> <p>[Syllabus approved by the court.]</p>