Legal Opinion
Smith v. Toledo & Ohio Central Rd. Co.
Ohio Supreme Court
Decided May 18, 1938No. 26711PublishedCited by 7 opinions
1Opinion of the CourtMyers, J.
The question for review is whether Willis P. Smith, the driver of the automobile, was guilty of contributory negligence as a matter of law.
Where a person for whose benefit an action for damages for wrongful death is instituted under the statutes, is' guilty of- contributory' negligence, damages to such person on account of any pecuniary loss arising from such wrongful death cannot be awarded. Wolf, Admr., v. Lake Erie & Western Ry. Co., 55 Ohio St., 517, 45 N. E., 708, 36 L. R. A., 812. Consequently, if Willis P. Smith was guilty of negligence proximately contributing to the injury and death…
2Cases cited4 opinions
- Toledo Term. Rd. Co. v. HughesOhio Supreme Court · 1926
- Goodwin, Admx. v. GastonSupreme Court of Vermont · 1931
- Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. KuhlOhio Supreme Court · 1931
- Tidd v. New York Central Rd.Ohio Supreme Court · 1937
3Cited by7 opinions
- Briere v. Lathrop Co.Ohio Supreme Court · 1970
- Yackee v. Village of NapoleonOhio Supreme Court · 1939
- Stormont v. New York Central Rd. Co.Ohio Court of Appeals · 1964
- Saum v. VenickOhio Court of Appeals · 1972
- Theresa Kesmarki and Thomas Kesmarki v. Ruth Elizabeth KislingCourt of Appeals for the Sixth Circuit · 1968
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