Bruns Bros. Grocery Co. v. Brown

Citations

• 35 Ohio C.C. Dec. 635
• 29 Ohio C.C. (n.s.) 206

Syllabus

<p>AUTOMOBILES — NEGLIGENCE—TRIAL</p> <p>1. Verdict in Negligence Case Based on Conflicting Evidence not Reversed.</p> <p>When both parties are charged with negligence and the evidence is conflicting, the judgment will not be disturbed unless it is clearly against the weight of the evidence.</p> <p>2. Omitting’from Instructions to Jury Qualifying Phrase in Traffic Ordinance to Facts of Accident not Prejudicial.</p> <p>In charging a jury with reference to observance by chauffeurs of a traffic ordinance, omission of the qualifying phrase of the ordinance, that drivers would be required to observe the rules therein laid down “as far as practicable,” is not prejudicial when the evidence has disclosed no reason for the failure of the defendant’s driver to observe the strict letter of the ordinance.</p>