
    No. 492
    No. 20286
    The Baltimore & Ohio R. R. Co. v. Lottie P. Heck.
    Error to the Court of Appeals of Stark County.
    225. CHARGE OF COURT — In suit for wrongful death by collision between railroad train and automobile at grade crossing, where evidence tends to show driver of car looked and also that he could have seen train if he had looked, it is error to refuse to charge that if jury finds he did look, plaintiff cannot recover if the jury further finds that he could have seen train if he had looked.
   ROBINSON, J.

In a suit for wrongful death occasioned by a collision between a railway train and an automobile driven by the decedent, at a crossing at grade of such railway and a public street, where the evidence at the trial tends to prove that the decedent looked just before driving upon the crossing, and tends to prove that the physical facts were such at the time that had he looked he would have seen the oncoming train, it is error for the court to refuse to give to the jury a-requested charge, made in writing, before argument, to the effect that notwithstanding the jury finds the evidence to be that the decedent looked just before he drove upon the crossing plaintiff cannot recover if the jury further finds that the physical facts were such that had he looked he must have seen the oncoming train in time to have avoid the collision.

Judgment reversed.

Marshall, C. J., Day, Allen, Kinkade, Jones and Matthias, JJ., concur.  