Smith v. Pittsburg, C. C. & St. L. Ry.

Citations

• 24 Ohio C.C. Dec. 222

Syllabus

<p>CARRIERS — RAILROADS.</p> <p>Passenger Without Looking, Attempting to Cross Railroad Tracks on Platform to Take Train, Anticipating Approach, is Negligent Precluding Recovery, Notwithstanding no Warning Given and Train Ran on Different Track than he Expected.</p> <p>A passenger, injured by colliding with a train on which he intended taking passage, the approach of which he was anticipating and could have seen if he had looked before attempting to cross over a plank platform between the rails of one track to reach a platform between that and a parallel track on which he mistakenly believed the train would come, is guilty of contributory negligence precluding recovery, notwithstanding no whistle was sounded or bell rung to warn him of the train’s approach.</p> <p>[Syllabus approved by the court.]</p>