Negligence — Street railway not required to warn alighting passenger of approaching automobile — One-half street barricaded, and traffic traveling on open side — Relation of carrier and passenger ceases after passenger safely alights.
1. A street railway company owes no duty to a passenger to warn him, upon leaving the street car at a regular stop, of the approach of an automobile; and its failure to do so does not constitute negligence. ( Reining, Admx., v. The Northern Ohio Traction Light Co., 107 Ohio St. 528, approved and followed.)
2. The fact that the east one-half of the street in question was barricaded and both north and southbound traffic was traveling over the west side of the street upon which the passenger alighted, does not change this rule, in the absence of a showing that the street railway company created or contributed toward the creation of the barricade and that such barricade constituted a dangerous condition.
3. When a passenger has alighted from a street car in safety, the relation of carrier and passenger ceases eo instanti.
STEPHENSON, J.
The case of Reining, Admx., v. Northern Ohio Traction Light Co., 107 Ohio St. 528, 140 N.E. 84, disposes of this case. The specific allegations of negligence set out in plaintiff's petition against the street railway company do not constitute a cause of action against the company. It has been specifically held that when a passenger has alighted in safety from a street car, the relation of carrier and passenger ceases eo instanti.
There is no testimony in this case tending to show that the street railway company had anything whatever to do with barricading the east side of Fifty-fifth street; nor did it in any wise contribute to such barricade. It produced no condition of danger.
The trial court should have granted the motion of the street railway company to direct a verdict, and in failing to do so erred; and the Court of Appeals, by affirming the judgment of the court of common pleas, likewise committed error.
This court, coming now to render the judgment that should have been rendered in the trial court, reverses the Court of Appeals and the court of common pleas, and judgment is rendered in favor of plaintiff in error, the Cleveland Railway Company, with costs.
Judgments reversed and judgment for plaintiff in error.
MARSHALL, C.J., JONES, MATTHIAS, DAY and KINKADE, JJ., concur.