Cincinnati Traction Co. v. Thompson (4 Ohio App. 188, 1915)

Swing, J.

This cause is in this court on error to the judgment of the superior court of Cincinnati, in which court Mary Thompson, defendant in error, recovered a judgment against The Cincinnati Traction Company, plaintiff in error, for the sum of $2,034 on the 4th of December, 1913, for personal injuries caused by slipping and falling on the rails of the traction company at the northwest corner of Fifth street and Central avenue in the city of Cincinnati.

The allegations of negligence charged in the petition are as follows:

“Plaintiff says that defendant wrongfully and negligently placed and caused to be placed, and allowed to remain, a large and unnecessary quantity of grease, oil and pitch upon its said south rail at the said street intersection, whereby it became and was then and there dangerous to the public using and crossing the said rail in this, to-wit: that the said rail was made slippery by the said large and unnecessary accumulation of grease, oil and pitch which the defendant had placed and allowed to remain upon its said south rail at the east crossing of the said Central avenue over the said Fifth avenue, whereby the plaintiff as she stepped upon the south rail then and there slipped and was caused to fall.”

There is- no conflict in the testimony, and there was no evidence other than plaintiff’s evidence.

The evidence shows that the plaintiff below, in company with a friend, Miss Eleanor' Gunlach, started across the street, as alleged in the petition, and plaintiff below was familiar with the crossing, having frequently crossed the same; that at the time of the crossing there were no vehicles or cars on the street and the street was perfectly clear. She was a woman of good sight and in full possession of her mental faculties. She had frequently seen these railway tracks in the street and was familiar with this curve and rail. She knew also that it was customary for the traction company to apply grease to the tracks at this curve. She testified:

“Q. You had noticed it (grease in the tracks) before ? A. Many a time. Anybody could notice that grease.

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