Pennsylvania Co. v. Hart

Citations

• 101 Ohio St. (N.S.) 196

Syllabus

<p>Negligence — Last clear chance — Charge to jury — Attempt to withdraw issue — Jury instructed to disregard allegations in pleading.</p> <p>1. It is error for the trial court in his charge to the jury to charge the doctrine of “last clear chance” where there is no evidence tending to prove a state of facts bringing the case within the rule.</p> <p>2. A withdrawal from the consideration of the jury of the portion of the “statement of claim” charging negligence within the rule of the “last clear chance” does not automatically withdraw instructions theretofore given to the jury upon that subject.</p>