Report of Cases Argue And Determined in the Courts of Appeals of Ohio
Report of Cases Argue And Determined in the Courts of Appeals of Ohio
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Gulling. [5 Ohio ing over the same, believing and having good reason to believe that he could safely cross, and when attempting to cross was struck by said com- pany's train of cars, as the evidence here shows, such looking under such circumstances would not be negligence as a matter of law such as would pre- vent a recovery.
It is contended on behalf of the plaintiff in error that the court below erred in its general charge to the jury upon the subject of displaying a headlight on the engine o...f said company. Section 8945-1, General Code, provides: "Every railroad corporation operating a rail- road or a part of one in this state, shall ♦ ♦ ♦ equip each of its locomotives, * * * with a headlight of such construction, and with sufficient candle power to render plainly visible at a distance of not less than three hundred and fifty feet in ad- vance of such engine, whistling posts, land marks, and other warning signs," etc.
In its answer said company admits, "That it was its duty to maintain a headlight on its engine, to give certain signals as it approached said crossing, and it avers that all of its duties in the premises were fully performed.*' As if adopting said admission the court in- structed the jury as follows: "The law requires, and counsel for defendant concedes, that the defendant must display, after dark, an adequate headlight on its locomotive, and that failure to do so is negligence.
What to read after Report of Cases Argue And Determined in the Courts of Appeals of Ohio?
You can find similar books in the "Read Also" column, or choose other free books by Ohio. Courts of Appeals. [from Old Catalog] to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Gulling. [5 Ohio ing over the same, believing and having good reason to believe that he could safely cross, and when attempting to cross was struck by said com- pany's train of cars, as the evidence here shows, such looking under such circumstances would not be negligence as a matter of law such as would pre- vent a recovery.
It is contended on behalf of the plaintiff in error that the court below erred in its general charge to the jury upon the subject of displaying a headlight on the engine o...f said company. Section 8945-1, General Code, provides: "Every railroad corporation operating a rail- road or a part of one in this state, shall ♦ ♦ ♦ equip each of its locomotives, * * * with a headlight of such construction, and with sufficient candle power to render plainly visible at a distance of not less than three hundred and fifty feet in ad- vance of such engine, whistling posts, land marks, and other warning signs," etc.
In its answer said company admits, "That it was its duty to maintain a headlight on its engine, to give certain signals as it approached said crossing, and it avers that all of its duties in the premises were fully performed.*' As if adopting said admission the court in- structed the jury as follows: "The law requires, and counsel for defendant concedes, that the defendant must display, after dark, an adequate headlight on its locomotive, and that failure to do so is negligence.
What to read after Report of Cases Argue And Determined in the Courts of Appeals of Ohio?
You can find similar books in the "Read Also" column, or choose other free books by Ohio. Courts of Appeals. [from Old Catalog] to read onlineMoreLess
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