Central Ohio Railroad v. Lawrence
Ohio Supreme Court
Error to tbe district court of Guernsey county. The original action was brought by Lawrence against the railroad company to recover damages for an injury to cattle by a locomotive, the cattle being on the railroad track, and having been some killed and others injured, as was alleged, by the negligence of those having charge of a passenger train of the railroad company. The answer denied that there was any negligence.
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Error to tbe district court of Guernsey county. The original action was brought by Lawrence against the railroad company to recover damages for an injury to cattle by a locomotive, the cattle being on the railroad track, and having been some killed and others injured, as was alleged, by the negligence of those having charge of a passenger train of the railroad company. The answer denied that there was any negligence. On the trial of the case, before a jury in the court of common pleas, a bill of exceptions was allowed and singed, which stated: That “ testimony was given to the jury, on behalf…
1Opinion of the CourtGholsoN, J.
The relation, toward each other, of a railroad company operating an unfenced road, and the owners of cattle, has been settled by several decisions of this court. Kerwhacker v. C. C. & C. R. R. Co., 3 Ohio St. Rep. 172; C. H. & D. Railroad Co. v. Waterson, 4 Ohio St. Rep. 424; C. C. & C. Railroad Co. v. Elliot, 4 Ohio St. Rep. 474.
The difficulty now is in the application of the principles established by those decisions.
The owner of cattle, found on an unfenced railroad, is not to be regarded as a trespasser or wrongdoer, but is entitled to the exercise of ordinary and reasonable care, under…
2Cited by7 opinions
- L. R. & F. S. Railway Co. v. TrotterSupreme Court of Arkansas · 1881
- Burlington & Missouri River Railroad v. BrinkmanNebraska Supreme Court · 1883
- Fitch v. Louisville & Nashville R. R.Tennessee Supreme Court · 1875
- Seaboard Air Line Railway Co. v. CoxetterSupreme Court of Florida · 1921
- Hiltabiddle v. StateOhio Supreme Court · 1878
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