Taylor v. Ohio Electric Ry.

Citations

• 35 Ohio C.C. Dec. 553
• 29 Ohio C.C. (n.s.) 401

Syllabus

<p>NEGLIGENCE</p> <p>1. Doctrine of Last Chance Not Available to Reward Rash or Wanton Negligence.</p> <p>While the “doctrine of last chance” affords a right of action in damages to an injured person whose negligence was not heedless or wilful, if the defendant after discovering, or by the exercise of ordinary care could have discovered, the danger of • the person primarily negligent and fails to use proper care to avert accident, yet the rule is not intended to place a premium upon a person’s own wanton or rash act or to cast responsibility upon another therefor.</p> <p>2. Doctrine of Last Chance Not Applicable to Action for Wrongful Death of Deceased Negligently Crossing Tracks before Rapidly Moving Car.</p> <p>The doctrine of last chance does not apply in an action for damages for death by wrongful act of a woman who, while hastily and heedlessly crossing the track of a traction company on its own private right of way at a signal stop, having a full and unobstructed view of the track each way and while it was still daylight, is killed by a rapidly approaching car on which she was attempting to become a passenger, especially since it appears from the evidence that the motorman, standing in his position and keeping a proper lookout, first saw deceased coming on the right of way when the car was not more than 250 feet from the crossing, that he then blew the whistle, shut off the power and reversed the motor.</p> <p>[Syllabus approved by the court.]</p>