Lake Shore & M. S. Ry. v. Burtscher
Lucas Circuit Court
Error to Lucas common pleas court. Fellow servant doctrine, etc. Little Miami By. v. Stevens, 20 Ohio 416; Berea Stone Co. v. Kraft, 31 Ohio St. 287 [27 Am. Rep. 510]; Dick v. Bailway, 38 Ohio St. 389; Cleveland, L. <& W. By. v. Shanower, 70 Ohio St. 166 [71 N. E. Rep. 279]; Clev. C. & C. By. v. Keary, 3 Ohio St. 201; Pitts. Ft. W. & C. By. v. Lewis, 33 Ohio St. 196; Bailway v. Margrat, 51 Ohio St. 130 [37 N. E. Rep. 11]; Toomey v. Stamping Co. 11 Cire.
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Error to Lucas common pleas court. Fellow servant doctrine, etc. Little Miami By. v. Stevens, 20 Ohio 416; Berea Stone Co. v. Kraft, 31 Ohio St. 287 [27 Am. Rep. 510]; Dick v. Bailway, 38 Ohio St. 389; Cleveland, L. <& W. By. v. Shanower, 70 Ohio St. 166 [71 N. E. Rep. 279]; Clev. C. & C. By. v. Keary, 3 Ohio St. 201; Pitts. Ft. W. & C. By. v. Lewis, 33 Ohio St. 196; Bailway v. Margrat, 51 Ohio St. 130 [37 N. E. Rep. 11]; Toomey v. Stamping Co. 11 Cire. Dec. 216 (20 R. 183); Cincinnati & M. V. By. v. Thompson, 12 Cire. Dee. 326 (21 R. 778) ; Muench v. Traction Co. 16 Dec. 463; Chicago & A.…
1Opinion of the CourtWildman, J.
This is a proceeding in error to reverse the judgment of the court of common pleas of Lucas county, on a verdict in behalf of the plaintiff below in the amount of $13,500. The record is very voluminous and a large part of the time of the court has been occupied in its consideration. At the conclusion of the plaintiff’s testimony, a motion was made by the defendant to arrest the testimony from the jury and direct a verdict, upon the ground that there was no actionable negligence shown against the company and the further ground that the negligence of the plaintiff himself contributed to the…
2Cases cited1 opinion
- West v. AdamsAppellate Court of Illinois · 1903