Opinion

Bradley v. Mansfield Rapid Transit, Inc.

  • 154 Ohio St. 154
  • 154 Ohio St. (N.S.) 154
  • 42 Ohio Op. 221
  • 93 N.E.2d 672
  • 1950 Ohio LEXIS 398
Court
Ohio Supreme Court
Filed
Jul 19, 1950
Status
Published
Author
Taut
On the bench
Stewart, Taut, Weygandt, Matthias, Hart, Turner, Zimmerman, Taft
Cited by
46 cases
Authority
More cited than 43.7%

Overruled on other grounds by Bahm v. Pittsburgh & Lake Erie Rd. Co., 6 Ohio St. 2d 192 (1966)

Later courts went against this

  • Overruled on other grounds by Bahm v. Pittsburgh & Lake Erie Rd. Co., 6 Ohio St. 2d 192 (1966)

    (1950), 154 Ohio St. 154, 160, 42 O.O. 221, 93 N.E.2d 672, overruled on other grounds, Bahm v. Pittsburgh & Lake Erie Rd. Co. (1966), 6 Ohio St.2d 192, 35 O.O.2d 307, 217 N.E.2d 217.
    Ohio Supreme CourtMay 25, 1966other groundsmedium confidenceRead it

The opinion

Taut, J.,

concurring. I fully concur in the opinion of the majority except as herein noted.

In my opinion neither special instruction No. 1 nor No. 2, requested by the defendant, represents a correct statement of the law. In both, the court was to instruct the jury that plaintiff could not recover if plaintiff’s “negligence

contributed

to [or in] the slightest degree

to the

proximate

cause

of his injuries.”

It is axiomatic that contributory negligence of a plaintiff will not bar his recovery unless such negligence “directly” or “proximately” caused his injuries. The vice of the language of the above instructions is that it bars recovery if plaintiff’s negligence merely “contributed” to the proximate cause of his injuries. It fails to require that such “contribution” be a direct or proximate contribution. See

McNees

v.

Cincinnati Street Ry. Co.,

152 Ohio St., 269 , 89 N. E.

*174

(2d), 138. The language of these charges should be compared with the language approved in

Chesrown

v.

Bevier,

101 Ohio St., 282 , 128 N. E., 94 (“negligence

directly contributed

in the slightest degree

to the in

juries”), and in

Bartson

v.

Craig,

121 Ohio St., 371 , 169 N. E., 291 (“negligence

directly

* * *

contributed

in the slightest degree

to cause

the injuries”).

While I agree with the interpretation being made of the language of Section 11420-17, General Code, I do not agree that this court should be bound by the decision of the Indiana Supreme Court in

Toledo & Wabash Ry. Co.

v.

Goddard,

25 Ind., 185 , as representing the “settled construction” of “a statute * * * adopted from another state.” That case was decided in 1865, many years after similar statutory language interpreted therein and in the instant case had in 1853 become a part of the law of this state. (51 Ohio Laws, 102.) That language, as now contained in Section 11420-17, General Code, provides that the jury in certain instances is “to find upon

particular questions of fact,

to be stated in writing.”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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