Payne v. Gordon

This is an action for personal injuries. The case was tried in the court of com*2mon pleas and resulted in a verdict for $15,000. A motion for new trial was made and overruled and judgment was entered on the verdict. Error is prosecuted to this court to reverse said judgment.

It appears that John C. Gordon, the injured party, was on his way home about midnight. He walked south on the east sidewalk of Main street in the city of Dayton until he reached the railroad crossings at Main and Sixth streets when he started diagonally over the railroad intersections toward the west sidewalk of Main…