
    No. 519
    PETRICH v. PA.-OHIO ELECTRIC CO.
    Ohio Appeals, 7th District, Mahoning County
    Decided March 31, 1923
    This opinion has not been pupljshed except in Abstract.
    NEGLIGENCE — When passenger in automobile helps driver keep lookout; for dangers, he is guilty of contributory negligencé.in failing to warn driver of danger which, by the exercise of .ordinary care, he could have seen1 in time- to prevent accident.
   POLLOCK, J.:

Epitomized Opinion

Plaintiff was a passenger] in the front seat of an automobile which Collided with ali electric car of defendant. Plaintiff w»s injured and sued • defendant for damages. Thei j verdict'-in the Common Pleas Court was for defendant. The evidence disclosed that as the ' automobile approached ■ the crossing, plaintiff told the driver that; no electric car was in sight. The Court of Appeals in affirming the judgment of the lower court held that:

1. When, a passenger helped the driver keep a lookout fox’ dangers, it was not prejudicial error for the trial court to charge that if by the exercise of ordinary care plaintiff could have learned of the approach of a street car in time to have warned the driver and prevented a collision, she was guilty of contributory negligence in failing -to warn the driver.  