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TERM. RD. CO. v. SEAWAY LINES

No. 36938.

173 Ohio St. 148 (1962)

THE TOLEDO TERMINAL RD. CO., APPELLEE, v. SEAWAY EXCURSION LINES, INC., ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided February 28, 1962.

Attorney(s) appearing for the Case

Messrs. Shumaker, Loop & Kendrick and Mr. Robert B. Gosline, for appellee.

Mr. Marcus L. Friedman, Mr. Milton N. Swanson and Messrs. Foster, Meadows & Ballard, for appellants.

O'NEILL, J.

The first question to be determined is: Was the plaintiff guilty of negligence which proximately contributed to cause the collision so as to prevent plaintiff's recovery against the defendant as a matter of law?

If the plaintiff was guilty of negligence as a matter of law, then the plaintiff can not recover and it is unnecessary for this court to examine the other questions presented here.

The plaintiff asserts that, since the defendant...

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