Cincinnati Traction Co. v. Forrest

Citations

• 73 Ohio St. (N.S.) 1

Syllabus

<p>Court should confine matter of its charge — To issues in the pleads ■ings — Suit to recover for personal injuries in alighting from street car — Jury misled 6y charge.</p> <p>1. The rule that the court ought to adapt its charge to the issues made by the pleadings and the evidence, forbids the introduction into the charge of instructions upon an issue not so raised.</p> <p>2. Where in a suit to recover for personal injuries occasioned by the alleged negligence of the defendant, the petition, after stating the facts upon which the plaintiff bases his action, avers that the plaintiff was free from fault and the answer ■is a general denial, there is no issue of contributory negligence, and where, in such case, the testimony introduced by the plaintiff does not tend to show contributory negligence, it is error for the court to introduce the element of contributory negligence in its charge to the' jury and give instructions thereon. And where it is apparent that the jury may have been misled by such charge to the prejudice of the defeated party, the judgment will be reversed and a new trial awarded.</p>