
    No. 790
    EVANS v. COLUMBUS RY., P. & L. Co.
    Ohio Appeals, 2nd District, Franklin County
    No. 1090.
    Decided October 11, 1923
    268. NEGLIGENCE.
    (1) Railway Company not guilty of negligence where swing of street car strikes a pedestrian .under circumstances of this case — (2) Pedestrian is guilty of contributory n'-egligence where he is struck by rear end of street car due to the swing of the car in turning.
    Attorneys — F. S. Monnett, for Evans; ,Booth, [eating, Pomerene & Boulger, for Columbus Rail-ray Co.
   ALIARD,. J.

Epitomized Opinion

This was an action for personal injury brought by me Evans against the Columbus Street Railway Company. Plaintiff claimed that he was injured by KÍ struck by the rear end of a street car as it ded the curve at Long and High. Evans did not usciose any vio’ation of the city ordinance by the notorman. As the court directed a verdict for the lefendant, plainti: prosecuted error. Held:

1.As there was no evidence of negligence on the ¡art of the defendant, motion to direct the verdict ¡ras properly sustained.

2.As the swing of the car was a matter of com-non knowledge, plaintiff was guilty, of contributory tegligence in failing to take this matter into con-ideration.  