Glowacki v. North Western Ohio Ry. & Power Co.

I am unable to distinguish this case from Loomis v. Toledo Rys. & Light Co., 107 Ohio St., 161, 140 N. E., 639. It is worthy of note that the Court of Appeals of Lucas county, which reversed the judgment in the instant case, was the same court that decided the Loomis case, supra. In that case the second paragraph of the syllabus holds:

“Where the proof raises a probability that such falling poles and wires were caused by a vis major, the presumption of negligence does not arise. In such case the plaintiff must sustain his specific allegations of negligence by a preponderance of the evidence.”

In…