Steubenville & Wheeling Traction Co. v. Brandon

Citations

• 87 Ohio St. (N.S.) 187

Syllabus

<p>Omission by one about to drive horse and wagon — Across street railway track- — To look for approaching car — Not negligence, when — Care required of railway company — Rights of respective parties — Law of negligence.</p> <p>1. Omission by one about to drive a horse and wagon across a street railway track constructed and operated upon a public street in a much frequented part oí a city, to look for the approach of a car is not, in all cases and as matter of law, 'negligence which will defeat a recovery for injuries received by such driver in a collision between the wagon and a car of the railway company, his duty being to exercise ordinary vigilance to avoid a collision, and whether he has exercised such vigilance or not depends upon the circumstances of each particular case.</p> <p>2. A street railway company operating cars on a public street in a much frequented part of a city has not the right to operate its cars at street crossings at a dangerous rate of speed, without warning of approach, thus throwing all the burden of care and watchfulness to avoid accidents upon drivers of smaller vehicles seeking to cross, but its duty is to maintain proper control of the car in order to be able to stop or check the same if necessary to avoid accident. The driver of a horse and wagon at such street crossing has equal rights with the company in the street and to use the crossing, the driver in crossing making due allowance for the fact that the car runs upon a fixed track, and, by reason of its greater weight, being less easy to check or stop than the smaller vehicle.</p> <p>3. Where the motorman of a street car being operated on a public street in a much frequented part of a city, discovers, or by the exercise of ordinary care and watchfulness should discover, that the driver of a smaller vehicle is about to cross the track at a street crossing, in front of such car, it is the motorman’s duty to use ordinary vigilance to stop or check the car in order to avoid a collisio