Lake Shore & Michigan Southern Railway Co. v. Ehlert
Ohio Supreme Court
Error to the circuit court of Cuyahoga county. As administrator of Christian Holz, deceased, Ehlert brought suit in the court of common pleas against the Cleveland, Cincinnati, Chicago & St. Louis Railway Company, and the Lake Shore & Michigan Southern Railway Company, to recover damages sustained by the next of kin of his intestate, who, it was alleged, was fatally injured at a street crossing in Cleveland by a train of the former company, which was negligently run on a…
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Error to the circuit court of Cuyahoga county. As administrator of Christian Holz, deceased, Ehlert brought suit in the court of common pleas against the Cleveland, Cincinnati, Chicago & St. Louis Railway Company, and the Lake Shore & Michigan Southern Railway Company, to recover damages sustained by the next of kin of his intestate, who, it was alleged, was fatally injured at a street crossing in Cleveland by a train of the former company, which was negligently run on a track owned by the latter company, upon which the warning gates were negligently constructed and operated. It is alleged in…
1Opinion of the CourtShauck, C. J.
The rule by which the liability of the companies should be determined is a corollary from that defined in Railway Company v. Schneider, 45 Ohio St., 678. That case related to a fatal injury received at a grade crossing, and the deceased was held not to have been guilty of contributory negligence because “an open gate with a gateman in charge is notice of a clear track and safe crossing, and, in the absence of other circumstances, when the gates are open, and the gateman present, it is not negligence in the persons approaching * * * to pass on to the track through the open gates without…
2Cases cited4 opinions
- Granger v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
- Douglas v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
- Buckley v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1899
- Marden v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1893