Ohio Court of Appeals, 1923

Cleveland Railway Co. v. Castella

Cleveland Railway Co. v. Castella
Ohio Court of Appeals · Decided June 25, 1923 · Vickery
1 Ohio Law. Abs. 672; 1923 Ohio Misc. LEXIS 1655

Cleveland Railway Co. v. Castella

Opinion of the Court

VICKERY, P. J.

Epitomized Opinion

This is an action brought by Frances Castella against the Cleveland Railway Company for personal injuries. The plaintiff claimed that she suffered a severe fall from the sudden and unusual jerk; of a street car after she had just boarded it and while standing in the vestibule of the same. She was assisted from the car by the conductor and taken to a hospital. At this time she was bleeding from her mouth and subsequently had a miscarriage. The case was tried before the court, which rendered a judgment for $750. The Cleveland Railway Co. prosecuted error. In sustaining the judgment, the Court of Appeals held:

1. That although the evidence concerning the nature of the jerk was in conflict, the question of the weight of +he evidence is for the jury and not for a reviewing court to consider.

2. The trial court may well find that her injuries were due to the accident.

Judgment aifirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.