Hamilton Circuit Court, 1906

Riley v. Cincinnati Trac. Co.

Riley v. Cincinnati Trac. Co.
Hamilton Circuit Court · Decided May 19, 1906
18 Ohio C.C. Dec. 626

Counsel

J. T. Harrison, for plaintiff in error., Kittrédge & Wilby, for defendant in error.

Riley v. Cincinnati Trac. Co.

Opinion of the Court

PER CURIAM.

The plaintiff was a passenger upon one of the defendant's street ears which’ had stopped at the terminus of the line, when she alighted upon a wooden platform provided for passengers, and stepped into a hole in the platform, six by twenty inches in size, and about two feet-from the running board of the summer car, whereby she was thrown, to the platform and injured.

The defect in the platform was plainly visible and there was no^ circumstance or condition which would divert her attention, but she heedlessly and carelessly stepped into the hole. The facts in the case bring it within the principle announced in the case of Conneaut (Vil.) v. Neff, 54 Ohio St. 529 [44 N. E. Rep. 236], and the court properly instructed the jury to return a verdict for the defendant.

Judgment affirmed.

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