Baltimore & Ohio Southwestern Ry. Co. v. Cox
Ohio Supreme Court
Error to the Circuit Court of Ross county. Mrs. Cox, as administratrix, brought suit in the court of common pleas to recover from the railway company damages for the death of her intestate which was alleged, to have been caused by the negligence of the company.
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Error to the Circuit Court of Ross county. Mrs. Cox, as administratrix, brought suit in the court of common pleas to recover from the railway company damages for the death of her intestate which was alleged, to have been caused by the negligence of the company. In her petition she alleged that on January 4, 1896, her intestate was employed by the company as a locomotive fireman and .was riding by its order on one of its freight trains from Mineral City, where he had been employed prior to that time, to Chillicothe; that the train, having reached Schooley’s Station, stopped on the siding to…
1Opinion of the CourtShauck, J.
It is elementary that actionable negligence exists only when one negligently injures *288another to whom he owes the duty,, created by con-' tract or operation of law, of exercising care. Burdick v. Cheadle, 26 Ohio St., 393; Railway Company v. Bingham, 29 Ohio St., 364; Elster v. Springfield, 49 Ohio St., 82. There being in the present case neither' allegation nor evidence that the fatal injuries were inflicted willfully or intentionally, there can be no recovery unless there existed between the decedent and the company a relation which imposed upon it the duty of exercising care toward him.…
2Cases cited7 opinions
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. BinghamOhio Supreme Court · 1876
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- McVeety v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1891
- Texas & Pacific Railway Co. v. BlackTexas Supreme Court · 1894
- Smith v. Louisville, Evansville & St. Louis RailroadIndiana Supreme Court · 1890
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