NEGLIGENCE - LIABILITY OF STREET RAILWAYS FOR INJURIES TO ALIGHTING PASSENGERS - DUTY OF CAR EMPLOYEES

Plaintiff passenger, while alighting from the right side of a street car, operated by defendant street railway company in the center of a well-traveled road, was struck by an automobile traveling toward plaintiff from the front of the street car on the same side from which plaintiff was discharged. The automobile was traveling this uncommon course by reason of road repairs which created a temporary situation during which motor traffic in both directions was traveling along the half of the road on which plaintiff was alighting. Plaintiff contended, in an action brought for the injuries she sustained, that a legal duty to warn her of this unusual traffic condition devolved upon the conductor by reason of the fact that notice of her ignorance of the road repairs was impliedly imparted to him when he complied with several requests by plaintiff for information concerning the car stop at which she wished to leave the car. It was held, in a four to three decision, that the action of the trial court in granting defendant's motion for judgment in its favor should be affirmed.

Baier v. Cleveland R.R., 132 Ohio St. 388, 8 N. E. (2d) 1 (1937).