Howard v. Rogers

The Court of Appeals advanced as the only reason for its judgment of reversal that the trial court “failed to submit the issues of contributory negligence and/or assumption of risk to the jury.” Neither of those issues had been raised by the pleadings nor had any party suggested that they should have been submitted to the jury for consideration. Hence, we agree with counsel for both parties that the reason advanced by the Court of Appeals will not support its judgment. See Rhoades v. Cleveland *44(1952), 157 Ohio St. 107, 105 N. E. 2d 2, and Oberlin v. Friedman (1965), 5 Ohio St. 2d 1, 213 N. E.…