West v. Gillette
Ohio Supreme Court
Error to the Court of Appeals of Delaware county. The defendant in error, Walter Gillette, administrator, brought suit in the common pleas court of Delaware county against the plaintiff in error, Eli M. West, receiver of The Columbus, Delaware & Marion Railway Company, to recover damages for the alleged wrongful death of Albert N. Gillette, who was killed on the 11th day of January, 1913, while driving his horse attached to a buggy upon and over the crossing of Olentangy…
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Error to the Court of Appeals of Delaware county. The defendant in error, Walter Gillette, administrator, brought suit in the common pleas court of Delaware county against the plaintiff in error, Eli M. West, receiver of The Columbus, Delaware & Marion Railway Company, to recover damages for the alleged wrongful death of Albert N. Gillette, who was killed on the 11th day of January, 1913, while driving his horse attached to a buggy upon and over the crossing of Olentangy avenue and San-dusky street within the corporate limits of the city of Delaware. The petition averred that the interurban…
1DissentJones, J.
The accident occurred in the outskirts of the city of Delaware. The interurban car was proceeding along Sandusky street in a sparsely populated suburb of that city, and the collision of the car with the buggy in which the decedent was driving occurred at the crossing of that street with Olentangy avenue, a thoroughfare approaching Sandusky street at right angles. There is a conflict in the testimony as to whether the motorman sounded his signal, and as to the rate *319of speed the interurban car was moving at the time of the accident. There is no dispute in the testimony that the decedent was…
2Cases cited8 opinions
- Thompson v. Los Angeles & San Diego Beach Railway Co.California Supreme Court · 1913
- Indianapolis Traction & Terminal Co v. CrolyIndiana Supreme Court · 1911
- Dyerson v. Union Pacific RailroadSupreme Court of Kansas · 1906
- Sawyer v. Roanoke Railroad & Lumber Co.Supreme Court of North Carolina · 1907
- Southern Railway Co. v. BaileySupreme Court of Virginia · 1910
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