Smith v. Cleveland Ry. Co.

This is a proceeding in error to reverse the court of common pleas of Cuyahoga county on the ground that there was error in the charge of the court in charging contributory negligence in a personal injury case, wherein the jury returned a verdict for the defendant, the Cleveland Railway Company, and also in permitting evidence of an expert nature relating to an injury which the plaintiff, James A. Smith, received a few months before the accident in question. As to the latter point it is urged that the error consisted of statements made by the plaintiff, under a physical examination, to the…