From Casetext: Smarter Legal Research

Thomas v. Youngstown Municipal Ry. Co.

Supreme Court of Ohio
Apr 23, 1930
174 N.E. 252 (Ohio 1930)

Opinion

No. 22019

Decided April 23, 1930.

Negligence — Brakeman injured by plank hanging from overhead bridge — Res ipsa loquitur inapplicable.

ERROR to the Court of Appeals of Mahoning county.

Messrs. Anderson Lamb and Messrs. Tetlow Tetlow, for plaintiff in error.

Mr. A.M. Henderson and Mr. D.F. Kennedy, for defendant in error.


It is ordered and adjudged that the judgment of the said Court of Appeals be, and the same is hereby, affirmed, for the reasons that while the evidence tended to prove that the plaintiff in error was injured by a board suspended or falling from the bridge, and tended to prove that the defendant in error, together with others, had agreed to keep the bridge in repair, it did not tend to prove that the board had ever been a part of the bridge, nor that it had ever been a part of the property of the defendant in error, nor that the defendant in error had any part in causing it to fall or be suspended from the bridge, nor that the defendant in error had any knowledge of its existence or presence on or suspension from the bridge, nor that the bridge was in the exclusive control of the defendant in error, so as to make the doctrine of res ipsa loquitur applicable.

Judgment affirmed.

KINKADE, ROBINSON, JONES, MATTHIAS and DAY, JJ., concur.


Summaries of

Thomas v. Youngstown Municipal Ry. Co.

Supreme Court of Ohio
Apr 23, 1930
174 N.E. 252 (Ohio 1930)
Case details for

Thomas v. Youngstown Municipal Ry. Co.

Case Details

Full title:THOMAS v. THE YOUNGSTOWN MUNICIPAL RY. CO

Court:Supreme Court of Ohio

Date published: Apr 23, 1930

Citations

174 N.E. 252 (Ohio 1930)
174 N.E. 252

Citing Cases

Soltz v. C. R. Center

Most of the cases, in which this court has held that the doctrine was not applicable, have been decided on…

Fink v. N.Y. C. Rd. Co.

t in many cases has considered and applied this rule. See Cincinnati Traction Co. v. Holzenkamp, 74 Ohio St.…