Columbus Ry. v. Muns
Ohio Circuit Courts
Error to Franklin common pleas court. Error in the admission of evidence. Deering, Negligence Sec. 9;', Hamilton v. Railway, 36 Iowa 32; Baker v. Irish, 172 Pa. St. 528 [33' Atl. Rep. 558]; Blanchette v. Railway, 175 Mass. 51 [55 N. E. Rep. 481]; Tillyer v. Glass Co. 7 Circ. Dec. 209 (13 R. 99). Refusal of the common pleas to nonsuit the plaintiff at the close of his evidence. Buswell, Pers. Inj. Sec. 134; Gilman v. Deerfield, 81 Mass.
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Error to Franklin common pleas court. Error in the admission of evidence. Deering, Negligence Sec. 9;', Hamilton v. Railway, 36 Iowa 32; Baker v. Irish, 172 Pa. St. 528 [33' Atl. Rep. 558]; Blanchette v. Railway, 175 Mass. 51 [55 N. E. Rep. 481]; Tillyer v. Glass Co. 7 Circ. Dec. 209 (13 R. 99). Refusal of the common pleas to nonsuit the plaintiff at the close of his evidence. Buswell, Pers. Inj. Sec. 134; Gilman v. Deerfield, 81 Mass. (15 Gray) 577; Bard v. Traction Co. 176 Pa. St. 97 (34 Atl. Rep. 953; 53 Am. St. Rep. 674) ; Ohio & Ind. Torpedo Co. v. Fishburn, 61 Ohio St. 608 [56 N. E.…
1Opinion of the CourtDustin, J.
Leroy Muns, the defendant in error, a minor sixteen years of age, with a “transfer” in his hand, mounted the rear “bumper” of a Columbus traction car. Before the ear started, another car belonging to plaintiff in error and in charge of its officers and agents, but unmanageable by reason of a broken brake and a burnt-out fuse, rapidly descended a decline in the rear of the ear upon which Muns was standing, and bumped into it. Just before the collision Muns attempted to step to the ground and escape danger but was caught, and one leg so injured that it had to be amputated.
Through his guardian…
2Cases cited5 opinions
- Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
- Bard v. Pennsylvania Traction Co.Supreme Court of Pennsylvania · 1896
- Chicago West Division Railway Co. v. KlauberAppellate Court of Illinois · 1882
- Hickey v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1867
- Nieboer v. Detroit Electric RailwayMichigan Supreme Court · 1901