Farmer v. Findlay Street Railway Co.

Ohio Supreme Court

Farmer v. Findlay Street Railway Co.

60 Ohio St. (N.S.) 36

DecidedMarch 14, 1899

StatusPublished

This text of 60 Ohio St. (N.S.) 36 (Farmer v. Findlay Street Railway Co.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Farmer v. Findlay Street Railway Co., 60 Ohio St. (N.S.) 36 (Ohio 1899).

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Opinion

By the Court.

The instruction assumed that the plaintiff having full control of his horses voluntarily drove into [41]*41the danger of which he had knowledge, and from which the injury to the horse resulted. There was, however, evidence of a substantial character tending to show that he did not have full control of his team and did not voluntarily drive upon the exposed track and wire. Whether he did or not should, upon the evidence, have been submitted to the jury.

Judgment of the evrcuit court and court of common pleas reversed.

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By the Court.

The instruction assumed that the plaintiff having full control of his horses voluntarily drove into [41]*41the danger of which he had knowledge, and from which the injury to the horse resulted. There was, however, evidence of a substantial character tending to show that he did not have full control of his team and did not voluntarily drive upon the exposed track and wire. Whether he did or not should, upon the evidence, have been submitted to the jury.

Judgment of the evrcuit court and court of common pleas reversed.

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Bluebook (online)

60 Ohio St. (N.S.) 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmer-v-findlay-street-railway-co-ohio-1899.