Cleveland, Akron & Columbus Railway Co. v. Workman
Ohio Supreme Court
Error to the Circuit Court of Knox county. The defendant in error as the administrator of, Arleigh L. Mead, deceased, sued in the court of common pleas of Knox county to recover damages from the plaintiff in error for the death of his intestate caused, as alleged, by the negligence of the plaintiff in error.
Read the full summary
Error to the Circuit Court of Knox county. The defendant in error as the administrator of, Arleigh L. Mead, deceased, sued in the court of common pleas of Knox county to recover damages from the plaintiff in error for the death of his intestate caused, as alleged, by the negligence of the plaintiff in error. The negligence charged was that the conductor and engineer of the train were negligent in running the train without a headlight and in violation of the village ordinance at a high and dangerous rate of speed, that the bell was not rung or any notice or warning given of its approach in any…
1Opinion of the CourtDavis, J.
In the theory of this case which seems to have been entertained by the trial court, there are several radical errors. Nearly all of them result from a misconception of the relation of the deceased to the plaintiff in error. That he was an employe of the railway company is not disputed; but at the time of the accident his position and his conduct were not within the scope of his duty. He was on the main track with the speeder for his own convenience and under circumstances which made his presence there uncalled for and dangerous in the extreme. Such acquiescence in the occasional use of the…
2Cases cited9 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Harty v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1870
- Williams v. Chicago & Alton RailroadIllinois Supreme Court · 1891
- Toomey v. Southern Pacific RailroadCalifornia Supreme Court · 1890
- Rohback v. Pacific RailroadSupreme Court of Missouri · 1869
4 more not listed; retrieve them via the Exa API.