Cincinnati Traction Co. v. Stephens

Citations

• 18 Ohio C.C. Dec. 497
• 7 Ohio C.C. (n.s.) 454

Syllabus

<p>BILL OF EXCEPTIONS — DAMAGES—NEGLIGENCE.</p> <p>Jelke, Swing and Giffen, JJ.</p> <p>1. Action foe Wrongful Death of Child — Testimony of Fathee as to Value of Child’s Services Competent.</p> <p>In an action for damages on account of tbe wrongful death of a minor child, the testimony of the father as to what the child would probably have been worth to himself and family is competent, after a recital as to the health and capacity of the child, his own resources, etc.</p> <p>2. Evidence — Re-examination op Witness as to Peioe Statements Competent to Rebut Recent Fabeication.</p> <p>After a cross-examination in which a recent fabrication has been imputed to a witness, a re-examination is competent as to prior statements by the witness.</p> <p>'3. CONTRIBUTORY NEGLIGENCE — CHARGE TO THE JUEY.</p> <p>In an action against a traction company for causing the death of a child, a charge to the jury that if the direct cause of the death was the negligence of the traction company’s employes, the verdict should be for the plaintiff, and if it was the contributory negligence of the child, the verdict should be for the defendant, will be sustained in the absence of any allegation of contributory negligence in the answer or a request on the part of the defendant to charge that if the negligence of the deceased contributed to the injury there could be no recovery.</p> <p>•4. Bill op Exceptions — Signature op Judge is Evidence op Settling' as well as op Allowing.</p> <p>Under Rev. Stat. 6302 (Lan. 8816)) as amended, the signature of the judge to a bill of exceptions is evidence of the settling, as well as of the allowing and signing of the bill.</p> <p>[Syllabus approved by the court.]</p>