Bennison v. Stillpass Transit Co.

The first issue which this court must decide is whether there was any showing of negligence on the part of defendant which proximately caused the death of plaintiff’s decedent.

*125To maintain an action for damages for wrongful death upon the theory of negligence, plaintiff must show (1) the existence of a duty owing to plaintiff’s decedent, i. e., the duty to exercise ordinary care, (2) a breach of that duty, and (3) proximate causation between the breach of duty and the death. Baier v. Cleveland Ry. Co. (1937), 132 Ohio St. 388, 391.

Plaintiff claims that defendant failed to exercise due care in…