DETROIT, T. & IR CO. v. Yeley

I would affirm the judgment. The majority opinion, as I conceive, correctly states that the record contains substantial evidence that the appellant railroad company was operating its train in a negligent manner, and that this negligence was the proximate cause of the accident.

But it is held that the district judge should have directed a verdict in favor of the appellant on the issue of contributory negligence, primarily upon the authority of the pronouncement in Detroit, T. & I. R. Co. v. Rohrs, 114 Ohio St. 493, 503, 151 N.E. 714, 717, that the appellee was under definite duty to look as…