Baltimore & Ohio Railroad v. Lockwood

Citations

• 72 Ohio St. (N.S.) 586

Syllabus

<p>Duty of court in submitting case to jury — To separate issues of fact admitted• and those denied — Error to read pleadings to jury, when — Error to refuse to charge the jury that negligence not alleged in petition should not be considered,</p> <p>1. In submitting a case to the jury, it is the duty of the court to separate and definitely state to the jury, the issues of fact made in the pleadings, accompanied by such instructions as to each issue as the nature of the case may require; and it is also the duty of the court to distinguish between, and call the attention of the jury to, the material allegations of fact which are admitted and those which are denied. It is error to read the pleadings to the jury and then say to the jury, and not otherwise to define the specific issues, that these constitute the pleadings in the case, which make up the issue and from which they will try and determine the controversy between the parties.</p> <p>2. It is error to refuse to charge the jury that it should not consider any other negligence than that charged in the petition.</p>