Harris v. Mansfield Ry. L. & P. Co.

Citations

• 26 Ohio C.C. Dec. 17
• 21 Ohio C.C. (n.s.) 209

Syllabus

<p>CHARGE TO JURY — STREET RAILWAYS.</p> <p>1. Evidence of Motormen as to Running and Means of Stopping Car, Though Quasi Conclusions of Experts, Competent.</p> <p>In an action for injuries to one riding in an automohile, suffered in a collision with an electric car, the evidence of motormen, with reference to running of the car and means for stopping it, is not rendered incompetent by reason of the fact that their testimony was in a sense that of experts involving quasi conclusions which it is the special province of the jury to deduce.</p> <p>2. Written Instructions Requested and Given Before Argument Properly Sent to Jury Notwithstanding Charge is Oral.</p> <p>It is not error to send to the jury room written instructions asked for and given before argument; and so doing is not inconsistent with the fact that where the charge given after argument is oral, it is impossible that instructions so given should also be sent to the jury room.</p> <p>3. Last Chance Doctrine Must be Pleaded to Instruct Upon it.</p> <p>The doctrine of last chance must be pleaded to entitle a party claiming its benefits to instructions upon it.</p>