Toledo & Ohio Central Ry. v. Fippin

Citations

• 22 Ohio C.C. Dec. 755

Syllabus

<p>NEGLIGENCE — RAILROADS.</p> <p>1. Passenger in Vehicle Required to Warn Driver of Danger not Manifest to Driver, but Negligence of Driver is not Imputable-Per se.</p> <p>A passenger in a vehicle who sees or hears anything indicating danger that the driver cannot, or probably does not, see or hear, is bound to warn the driver thereof; but it is not incumbent upon the passenger to call attention to every approaching vehicle or possible peril, which is as manifest to the driver as to the passenger.</p> <p>2. Verdict not Reversed for Failure to Exclude Driver From Participation in Damages Awarded on Count of Fatal Injuries, to Wife.</p> <p>The question of a driver’s contributory negligence as a cause of' an accident not being raised by the pleadings, a reviewing court is not at liberty to hold the verdict erroneous, in that it contains no finding whereby he may be excluded from participation in the damages awarded on a count of fatal injuries to his wife? sustained in the collision which occurred with a railway train.</p>