West v. Gillette

Citations

• 95 Ohio St. (N.S.) 305

Syllabus

<p>Negligence — Motorman of street car — Vigilance required at street crossing — To avoid collision with vehicle — Injury to vehicle driver — Jury to determine extent of vigilance — Negligence of vehicle driver — Will not defeat recovery, zvhen — Doctrine of last chance.</p> <p>1. Where the motorman of a street car, in the performance of his duty to keep watch to learn .of danger to persons who may be crossing the track on a public street crossing, discovers that the driver of a smaller vehicle is about to cross the track in front of his car, it is his duty to use ordinary vigilance and care to stop or check the car in order to avoid a collision.</p> <p>2. Where a collision occurs and such driver is injured and the undisputed evidence shows that the motorman actually saw such vehicle and had it continually, in view for a considerable distance 'from the crossing, it is for the jury to determine whether he exercised such vigilance and care in the circumstances; and the fact that the driver may have been originally negligent in •the manner of going on the crossing will not, as matter of law, defeat his right to recover for the injury, if the motorman has not used such vigilance after discovering him.</p>