Cleveland Electric Ry. v. Powell

Citations

• 33 Ohio C.C. Dec. 575
• 22 Ohio C.C. (n.s.) 286
• 1909 Ohio Misc. LEXIS 462

Syllabus

<p>EVIDENCE — NEGLIGENCE</p> <p>1. Evidence of Particular Ailment Admissible Under General Averment of Permanent Injuries.</p> <p>Evidence that plaintiff had become afflicted with neurasthenia and curvature of the spine as a result of injuries is admissible under an allegation that she “was greatly and permanently injured, in that her head was cut open and she was made sick, sore and lame.”</p> <p>2. Averment of Simulation of Injuries Imposes no Burden to Prove Malingering.</p> <p>The burden is upon the plaintiff in a personal injury suit to show the reality as well as the cause and nature of the injuries of which she complains, and in a case in which it is claimed that she has simulated injuries it is error for the court to charge that the burden is upon the defendant to prove malingering upon the part of the plaintiff.</p>