· 1/29/1910
Batavia Tpk. & Miami Bridge Co. v. Hodapp
Citations
- 22 Ohio C.C. Dec. 680
Syllabus
<p>NEGLIGENCE.</p> <p>Instructing that Plaintiff mat Recover if Preponderance of Evidence Shows Him without Fault, Insufficient.</p> <p>An instruction in an action for damages based on a tort, that the plaintiff may recover if it appears from a preponderance of the evidence that he was without fault is erroneous, unless predicated upon proof that the accident was due to the negligence of the defendant.</p>
Judges: Giffen, Smith, Smitli, Swing
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