Barragate v. Cleveland Railway Co.

A“t the former hearing of this case we indicated that the judgment below should be reversed on the ground that at the time of her injury .the plaintiff was a passenger upon defendant’s car, and that it was a question of fact as to whether the defendant had under the circumstances afforded her the protection which it owed her. It dSd not seem to us that such cases as Y. & S. Railway Co. v Faulk, 118 Oh St 480 and Notaro v Boston Elevated Railway Co. 173 N.E. 431, were in any sort of an analogy to the case at bar. We cited Franz v Holyoke, 132 N.E. 270 as an adequate expression of the general…