Pittsburgh, Fort Wayne & Chicago Railway Co. v. Bingham
Ohio Supreme Court
Error to the District Court of Stark county. The original action was brought by the defendant in ■error as the personal representative of her deceased husband, Wallace B. Bingham, agaiust the plaintiff in error, under the act requiring compensation to be made for causing ■death by a wrongful act, neglect, or default, passed March 25, 1851. (2 S. & C. 1139.) The deceased was at the plaintiff’s station-house in Massillon, on December 5, 1870, and while there was struck by a…
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Error to the District Court of Stark county. The original action was brought by the defendant in ■error as the personal representative of her deceased husband, Wallace B. Bingham, agaiust the plaintiff in error, under the act requiring compensation to be made for causing ■death by a wrongful act, neglect, or default, passed March 25, 1851. (2 S. & C. 1139.) The deceased was at the plaintiff’s station-house in Massillon, on December 5, 1870, and while there was struck by a portion of its roof, torn off by wind, and blown, during a violent storm, from the building, with such force against .and…
1Opinion of the CourtBoynton, J.
We find in the record of the present case among the questions argued, but one deserving consideration ; and that one may be stated as follows :
“ Is a railroad company bound to exercise ordinary care and skill in the erection, structure, or maintenance of its station house or houses, as to persons who enter or are at the same, not on any business with the company or its agents, nor on any business connected with the operation of its road; but are there without objection by the company, and therefore by its mere sufferance or permission ?” We must give to this question a negative answer. A…
2Cases cited9 opinions
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