Ford v. Reamsnider

Citations

• 28 Ohio C.C. Dec. 203

Syllabus

<p>NEGLIGENCE.</p> <p>Powell, Houck and Shields, JJ.</p> <p>1. Evidence of Shortening of Leg Admissible in Action for Mangling and Breaking Same Leg.</p> <p>An averment that the plaintiff was injured permanently, his right limb mangled and both bones broken between the ankle and knee, is sufficient to warrant admission of evidence to the effect that as a result of the accident his right leg was shortened.</p> <p>2. Erroneous instruction Cured by Subsequent Correct Instruction.</p> <p>An erroneous instructoin to the jury that if they find for the plaintiff they will assess his damages at such, a sum as “in their opinion” would be reasonable and -just, is cured by a subsequent instruction which directs the jury, in estimating the amount of damages to be awarded, to take into consideration the nature of the injury sustained and any impairment in earning power.</p> <p>[Syllabus by the court.]</p>