Pennsylvania Co. v. Wentz
Ohio Supreme Court
Error to the District Court of Crawford County. In 1876, John Wentz commenced an action in the court of common pleas of Crawford county,.against the Pennsylvania Company, operating the Pittsburgh, Fort Wayne and Chicago Railroad, to recover damages sustained by being ejected from a train of cars of the Pennsylvania Company in which he was riding as a passenger.
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Error to the District Court of Crawford County. In 1876, John Wentz commenced an action in the court of common pleas of Crawford county,.against the Pennsylvania Company, operating the Pittsburgh, Fort Wayne and Chicago Railroad, to recover damages sustained by being ejected from a train of cars of the Pennsylvania Company in which he was riding as a passenger. The facts are as follows: Wentz has resided, since 1869, on his farm, one and one-half miles from Bucyrus, a municipal corporation containing, in 1870, and ever since, more than three thousand inhabitants, and being the county seat of…
1Opinion of the CourtOkey, C. J.
The claim is urged that when Wentz purchased the ticket at Bucyrus, and also when he retained his seat in the limited mail at Crestline, he knew that train did not stop at Bucyrus ; and hence, that in making the agreement the parties were in pari delicto, and that in retaining his seat at Crestline, Wentz was guilty of negligence, either of which facts should defeat a recovery. But we need not determine how far such knowledge should affect a recovery. It is sufficient to say the court charged the jury that such knowledge, if he had it, would defeat Wentz’s action, and that the jury found in…
2Cases cited9 opinions
- Shields v. OhioSupreme Court of the United States · 1877
- Pittsburgh, Cincinnati, & St. Louis Railway Co. v. NuzumIndiana Supreme Court · 1874
- Commonwealth v. Eastern RailroadMassachusetts Supreme Judicial Court · 1869
- Ohio & Mississippi Railway Co. v. ApplewhiteIndiana Supreme Court · 1876
- New Haven & Northampton Co. v. StateSupreme Court of Connecticut · 1877
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