Schell v. DuBois
Citations
- 94 Ohio St. 93
- 113 N.E. 664
- 1916 Ohio LEXIS 167
Syllabus
<p>Negligence — Violation of statute or ordinance — Negligence per se, when — And defendant liable, when.</p> <p>1. The violation of a statute passed for the protection of the public is negligence per se, and where such act of negligence by a ¡defendant is the direct and proximate cause of an injury not directly contributed to by the injured person, the defendant is liable.</p> <p>2. The violation of a municipal ordinance passed in the proper exercise of the police power- in the interest of the public safety, and not in conflict with general laws, is negligence per se, and where such act of negligence by a defendant is the direct and proximate .cause of an injury, not directly contributed to by the want of due care on the part of the injured person, the defendant is liable.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- rejecting the assertion that the superior court may ignore the district court’s factual determinations, and remanding for further proceedings consistent with RALJ 9.1
- if the superior court substitutes its judgment for the district court, it exceeds its limited scope of review
- if the superior court substitutes its judgment for the district court, it exceeds its limited scope of review
Source: CourtListener parenthetical corpus (CC0).
Judges: Johnson, Matthias, Nichols, Wanamaker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.