Defibaugh v. Ulmer

This cause comes into this court on appeal on questions of law from the judgment in the Court of Common Pleas based on a unanimous verdict of the jury in favor of appellee, Theodore O. Ulmer, who was defendant in that court.

The essential facts of the case may be summarized as follows:

On September 22, 1934, appellant, Delta Defibaugh, then only four years old, was being carried by a seven-year old sister across Adams street in the city of Toledo at the intersection of Superior street, from the northeast to the southeast corner of such intersection. They had passed the center of Adams street…