Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. Potter

Actionable negligence requires that in order to recover there should be allegation and proof of a legal duty owing by the defendant and of a breach of that duty. On the trial, in the course of the examination in chief, plaintiff tendered testimony that he and others had previously ridden upon this same train and left it at the St. Clair street crossing where the plaintiff was injured. This testimony was admitted over the objection of the defendant. In that connection the court also charged the jury that, if, prior to the accident, the company had permitted persons to travel and pass over…