Chesrown v. Bevier

Citations

• 101 Ohio St. (N.S.) 282

Syllabus

<p>Negligence — Automobiles and velucles — Duty to display lights after sundown — Sections 12614 and 12614-3, General Code — Statutory construction — Repeal by implication or supplemental enactment — Charge to jury — > Written requests before argu- ■ ment — Trial court to give charge, when — Negligence per se and prima facie — Violation of statute.</p> <p>1. Section 12614, General Code, is supplemented but not repealed by Section 12614-3, General Code.</p> <p>2. Upon a written request to charge before argument, if the request correctly states the law and is pertinent to one or more of the issues of the case and the same subject has not been covered by other charges given before argument, it is error to refuse to give such charge before argument, even though the language of the charge is not the exact language the court would have selected.</p> <p>3. The violation of a statute passed for the protection of the public is negligence pier se. (Schell v. DuBois, Admr., 94 Ohio St., 93, approved and followed.)</p>