Wheeling & L. E. Ry. v. Parker

Citations

• 19 Ohio C.C. Dec. 1
• 9 Ohio C.C. (n.s.) 28

Syllabus

<p>EVIDENCE — NEGLIGENCE—RECORDS—VIEW BY JURY.</p> <p>Haynes, Parker and Wildman, JJ.</p> <p>1. Mistaken Notion of Juror as to Effect of. Contributory Negligence.</p> <p>Mistaken ideas of a juror as to the effect of contributory negligence and liabilities as to damages do not disqualify him from serving as juror if when the true rule is suggested to him, he evinces an intention to regard it in rendering his verdict.</p> <p>2. Right of Court to Allow Peremptory Challenges after Right has been Waived.</p> <p>Counsel for plaintiff having temporarily passed the jury, waiving the right to peremptory challenges for the time, the court may permit peremptory challenges by the plaintiff after challenges for cause by the defendant, provided no injustice is done to the opposite party.</p> <p>[For other eases in point, see 5 Cyc. Dig., “Jury,” §§ 388-392. — Ed.]</p> <p>3. Evidence as to Custom of Railroads to Leave Cars on Switch Track.</p> <p>In an action against a railroad company for wrongfully causing death at a crossing, it is competent for the plaintiff to show that a track near the crossing was a switch track on which cars are placed, there to be loaded and unloaded by which cars the view of the main track would be obstructed to one crossing the track; such evidence would be received to show the nature of - the track and crossing rather than as showing a custom of the company to leave cars standing on such track.</p> <p>[For other cases in point, see 4 Cyc. Dig., “Evidence,” §§ 1544-1553. — Ed.]</p> <p>4. Private Records as Evidence Produced by Person Who did not Keep Them.</p> <p>The records of a railroad company being presented as evidence against such company, the fact that the official whose duty it is to keep such records was not called, but rather the official in whose custody they happened to be at that time, is immaterial, inasmuch as they are presented as documentary admissions against the company.</p> <p>[For other cases in point, see 4 Cyc. Dig., '“Evidence,”