Orlinkowski v. Glowik

Citations

• 33 Ohio C.C. Dec. 556
• 22 Ohio C.C. (n.s.) 266
• 1908 Ohio Misc. LEXIS 392

Syllabus

<p>NEGLIGENCE — WITNESSES</p> <p>1. Witness must Qualify as Expert before Giving Opinion Evidence.</p> <p>It is error to. permit a witness who has. not qualified as an expert to express an opinion as to whether or not a certain appliance • is dangerous.</p> <p>2. Mode of Using Highway Competent in Defense for Personal Injuries.</p> <p>When an action is for personal injuries to plaintiff while upon a highway' caused by defendant’s alleged negligence, it is competent for the jury to consider the defendant’s mode of using the highway.</p> <p>3. Duty to Employ Reasonably Competent Men and Safe Appliances.</p> <p>It is error to charge that it is defendant’s, duty to employ reasonably competent men and reasonably safe appliances when there is no allegation in the petition as to the incompetence of defendant’s employes, other than the allegation that they were negligent on this occasion.</p> <p>4. Contributory Negligence not Burden of Defendant not Raising Issue.</p> <p>It is error to charge that the burden of proving contributory negligence is upon the defendant, when that issue is not.:raised ■ by the pleadings and an averment in the answer that the injury . was caused by plaintiff’s ■ negligence is not an averment of contributory negligence.</p>