Reports of Cases Argued and Determined in the Ohio Circuit Courts V.1-35 Ohio Circuit Decisions Volume 31

Reports of Cases Argued and Determined in the Ohio Circuit Courts V.1-35 Ohio Circuit Decisions Volume 31

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: recover.' ' d We think this request is in harmony with the principles of law which are stated in the authorities already considered under the first assignment of error, and that it correctly states the duty of the servants of the defendant in charge of the locomotive, and the liability of the defendant for their neglect to perform such duty. Complaint is also made that the court erred in refusing the defendant 's fifth request to charge, which is in the following language: "If you find from the evidence that plaintiff's car was brought to a stop not less than ten nor more than fifty feet from the crossing; that defendant's engine then crossed the plaintitT's tracks and came to a stop on the east side thereof, or if defendant's engine had already crossed plaintifff's tracks when its car was brought to a stop, and if while defendant 's engine and plaintiE's car were both stopped an employee of plaintifl: "s went forward on the crosing and signalled plaintiff's employee on the car to cross the railroad tracks; and if you also find that at the time such signal to cross was given that defendant 's employees were either not visible to plaintiff's employees in charge of its car or if visible were not heeding or watching plaintiff's car, or did not see it and that such failure to heed or watch or see the car was known to plaintifff's employees in charge of the car or could have been known to them by the exercise of ordinary care, then and in such case it was the duty of plaintifi-"s employees to use such further ordinary care as a person in the exercise of ordinary care would use under similar circumstances, to ascertain whether it was in...
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Product details

  • Paperback | 258 pages
  • 189 x 246 x 14mm | 467g
  • United States
  • English
  • black & white illustrations
  • 1236987284
  • 9781236987280