Toledo, B. G. & S. Trac. Co. v. McFall

Citations

• 18 Ohio C.C. Dec. 362
• 8 Ohio C.C. (n.s.) 271

Syllabus

<p>NEGLIGENCE — VERDICT.</p> <p>Parker, Haynes and Wildmqn, JJ.</p> <p>1. Ordinary Cabe oe Passengers Distinguished in its Application to Aged and Young Passengees.</p> <p>In the exercise of care commensurate with the circumstances and danger to he apprehended, a railway company is required to give greater attention to its aged and. infirm passengers than to passengers of younger years and greater physical capacity. The fact that a man was so old and feeble as to require the assistance of a conductor and others to enter one of its cars and be placed in a seat, coupled with .his request to the conductor that the latter afford him sufficient time to alight, is notice to an interurban railway company which will render it liable for starting its car without affording him reasonable time to alight in safety.</p> <p>2. Drawing Pension foe Total Disability not a Defense to Action foe Personal Injuries.</p> <p>An interurban railway cannot defeat a claim for damages in an action against it for negligence on the ground that the plaintiff was drawing a pension for total disability and was traveling alone and unattended, if the plaintiff exercised such care as men in his condition of mind and body would ordinarily exercise under like circumstances.</p> <p>3. Verdict not Excessive.</p> <p>A verdict of $1,200, recovered by an old man in an action for personal injuries aggravating chronic condition of diarrhoea from which he suf- ■ fered, causing great mental suffering and delirium, and being put to great expense for medical attention, the exact amount of which could not be estimated, is not excessive and will not be set aside in the absence of any showing to indicate passion or prejudice of the jury.</p> <p>[Syllabus approved by the court.]</p>