Cincinnati St. Ry. Co. v. Bartsch

OPINION

By ROSS, J.

This theory and charge ignores completely the fact that .the Street Railway Company owned and operated the street' car. It is perfectly obvious that any vehicle could be allowed to make so much noise that the operator thereof could not hear sounds which he should hear in order to free himself from a charge of negligence.

The jury evidently found that an ordinarily prudent person, in spite' of the claimed obstruction to vision and the noise of the street car, should have become aware of the approach of the patrol in time to avoid the collision therewith; and a reading of the…