
    No. 13786.
    Woolley v. The Cincinnati, Hamilton & Dayton Ry. Co.
    Decided March 3, 1914.
    Error to Circuit Court of Shelby county.
    
      Mr: Charles C. Hall; Mr. Percy R. Taylor and Mr. S. A. Hoskins, for plaintiff in error.
    
      Mr. Morison R. Waite and Mr. J. D. Barnes, for defendant in error.
    Journal entry: This court finds that the said circuit court was correct in its finding that the court of common pleas erred on the trial of said cause in refusing and failing to give special charge No. 9, as follows: “I charge you that it was plaintiff Woolley’s duty to exercise reasonable care to discover an approaching train continued until he was over the crossing and the danger was passed, arid if you find he made no further effort to ascertain whether a train was approaching than to stop and look, when sixty feet from the main track, he was guilty of negligence contributing to his injuries and cannot recover.” But this court finds that the circuit court erred in sustaining the motion of the said railroad company, defendant in error herein, for final judgment in its favor and in entering such judgment. And coming now to render the judgment that the circuit court should have rendered, it is hereby'ordered and adjudged that the judgment of the court of common pleas be, and the same is hereby, reversed, and this cause is remanded to the court of common pleas for further proceedings according to law.—Reporter.
   Judgment of the circuit court, reversing the judgment of the court of common pleas, affirmed ; judgment of the circuit court rendering final judgment for defendant in error, reversed. Cause remanded.

Nichols, C. J., Johnson, Donahue, Wanamaker, Newman and Wilkin, JJ., concur.  