Arrasmith v. Pennsylvania Rd.

In my view the majority has not correctly applied the well-settled law of Ohio, and I respectfully dissent.

The rule denying recovery in a case like the present one was clearly established by the Supreme Court of Ohio in Capelle v. Baltimore & Ohio R. R. (1940), 136 Ohio St. 203. The court held:

“In general, a person who drives, or is driven, into the side of a railroad train standing or moving over a grade crossing cannot, in the absence of special circumstances rendering the crossing peculiarly hazardous, recover from the railroad company for injuries received thereby.” (Italics mine) (Syl. 2)