Casey v. Smith

' Dtjeeey, P. J.,

concurring. While I concur with the principal opinion on its holdings, I believe that on remand we should ■indicate further that on the facts of record it would not have been erroneous to refuse a charge on contributory negligence.'. • It is well settled that one having the right of way still must exercise- ordinary care under the circumstances. However-,:one of- the- circumstances is the right to expect that the- other will yield and this must be taken into account. Juergens v. Bell Distributing, Inc. (1939), 135 Ohio St., 335, and especially at page •342. Under the…