Tobin v. Detroit, Toledo & Ironton Rd.

This is an appeal on questions of law from a judgment of the Court of Common Pleas of Allen county, Ohio, rendered on a verdict for plaintiff in the amount of $8458.33, accompanied by a finding, answering an interrogatory submitted by defendant, which interrogatory and finding are respectively in the following words:

“If your verdict is for the plaintiff what act or acts of negligence do you find the defendant committed? Answer: The rough, violent sudden jerking or stopping of the cut of cars caused brakeman to slip on the slippery running board of the tank car in the cut.”

The allegations of…