Scott, Admr. v. Marshall

OPINION

This law appeal is from a judgment entered on the verdict of a jury for the plaintiff in a wrongful death action, wherein plaintiff’s decedent, a little girl nine years of age, rode her bicycle out of the driveway of her home onto State Route 131 in Clermont County, directly in the path of an automobile being driven by defendant, and in the ensuing collision received the injuries resulting in her death a matter of hours thereafter.

One of the errors assigned is that the court charged on the assured clear distance, when it is claimed the evidence clearly excluded application of that rule…