Fox v. Conway

The jury in its special findings found that the whistle on the interurban car was not blown as it approached the crossing, and the car was being operated with dim lights. ' The petition likewise alleged that the car was being operated at a speed of eighty miles an hour. In determining whether the special findings are inconsistent with the general verdict the court does not consider the evidence, but only the pleadings, issues and special and general findings. Board of Commissioners of Mercer County v. Deitsch, 94 Ohio St., 1, 113 N. E., 745.

There was, therefore, ample to show negligence on…